Shamim Shahid
PESHAWAR: Concerns over alleged fake police encounters and extrajudicial killings have once again come under scrutiny after the Peshawar High Court (PHC) issued directives aimed at protecting an accused wanted in multiple criminal cases from any unlawful harm upon his return to Pakistan.
The issue of alleged fake encounters has long remained controversial in Pakistan and other parts of the world. Human rights organisations frequently classify such incidents as extrajudicial killings when law enforcement personnel are accused of taking the law into their own hands instead of allowing due legal process to take its course.
In Khyber Pakhtunkhwa, allegations of fake encounters have surfaced repeatedly in recent months, prompting growing public concern and demands for accountability. Against this backdrop, the mother of a proclaimed offender approached the Peshawar High Court seeking protection for her son.
According to court documents, petitioner Mst Bagh Meena informed the court that her son, Mumtaz Khan alias Mumtazay, who is wanted by Khyber Pakhtunkhwa Police in various cases, had been residing in Bahrain. He was reportedly arrested through Interpol on June 16, 2024, and is expected to be transferred to Pakistan following completion of legal formalities.
A division bench comprising Justice Arshad Ali and Justice Inamullah Khan, while hearing the constitutional petition, directed the Inspector General of Police (IGP) Khyber Pakhtunkhwa, the Capital City Police Officer (CCPO) Peshawar Dr Muhammad Mian Saeed, and other relevant authorities to ensure complete protection of the accused’s life and property.
The court specifically instructed authorities to safeguard Mumtaz Khan from any extrajudicial killing, attempted killing, or unlawful harm. It further directed officials to ensure security during his arrival in Pakistan, detention, investigation, and appearance before the competent courts.
The petitioner argued that allegations of fake encounters and extrajudicial killings in previous cases had created genuine concerns regarding her son’s safety. She requested the court to protect his constitutional and fundamental rights, regardless of the allegations against him.
The PHC ordered the relevant authorities to submit a detailed report and adjourned further proceedings until July 2, 2026.
The court’s intervention comes amid increasing debate over police encounters in the province. Rights activists and relatives of several deceased suspects have questioned official accounts of encounters in which accused persons were reportedly killed while in police custody or shortly after arrest.
Police authorities have maintained that such incidents occurred during armed confrontations involving accomplices attempting to rescue detained suspects. However, family members of several deceased individuals have challenged these explanations and called for independent investigations.
Among the cases that attracted public attention was that of Adam Khan Safi, whose relatives disputed the official version of events surrounding his death. Other incidents involving suspects allegedly killed after being detained in police facilities have also raised questions among legal experts and human rights observers.
While law enforcement agencies argue that they face extraordinary challenges amid rising militancy and criminal activity, critics contend that constitutional guarantees and due process cannot be compromised under any circumstances. They stress that the guilt or innocence of an accused can only be determined by a court of law.
Legal observers view the PHC’s latest order as a reaffirmation of the principle that every individual, irrespective of the allegations against them, is entitled to protection under the Constitution and access to a fair trial.
The broader law and order situation in Khyber Pakhtunkhwa remains a matter of concern. Alongside persistent security threats and militancy-related incidents, citizens continue to report rising incidents of robbery, snatching, vehicle theft, and other crimes.
Analysts argue that strengthening public confidence in law enforcement institutions requires not only effective policing but also transparency, accountability, and strict adherence to legal procedures. They maintain that allegations of misuse of authority and extrajudicial actions should be independently investigated to ensure that justice is served and public trust is restored.
The PHC’s intervention has once again highlighted the delicate balance between maintaining security and safeguarding fundamental rights — a challenge that remains central to the rule of law in Pakistan.
