The Islamabad High Court (IHC) ruled on Wednesday that it cannot ignore torture allegations on senior PTI politician Shahbaz Gill.
“The Constitution and the courts are the guardians of prisoners’ rights and protectors against torture,” the IHC stated in a 21-page verdict.
The verdict also states: “Torture of an accused person cannot be allowed under the guise of gathering evidence.”
The verdict, authored by IHC acting chief justice, Justice Aamir Farooq, directed the Ministry of Interior to conduct an inquiry on the allegations and task a retired high court judge to appoint an inquiry officer.
The IHC dismissed the objection to the prolongation of Shehbaz Gill physical detention by the police, ordering that a senior superintendent-level police officer oversee the detention of Gill and make sure that she is not subjected to any abuse.
When Gill arrived at Adiala Jail on August 12, the medical officer recorded in the registry that he had various scars and marks on his body. The verdict stated that the IG Police refuted claims of any torture imposed on Shehbaz Gill.
When a prisoner is brought into the facility from police custody, the medical officer is required under Rule 20 of the Prison Code Rules to examine him right away.
“If the examination reveals unexplained injuries not already recorded in the medico-legal report accompanying the prisoner, a report shall at once be made to the Sessions Judge and officer Incharge of the prosecution and Superintendent police,” the rules state.
According to the ruling, no action was taken in this regard because Gill’s condition was not disclosed to the sessions judge, superintendent of police, or office of attorney general.
Later, on August 13 and 15, a medical board was established for Gill’s medical evaluation. According to the prosecution, Gill declined to get himself examined.
Additionally, the medical examination report from August 17 made it apparent that Gill required monitoring and assessment but said nothing about physical abuse.