IT is disturbing how a crime as grave as custodial death has culminated in an out-of-court ‘settlement’. The victim, Moiz Nadeem, was found dead earlier this year in a Karachi police station. The autopsy revealed multiple injuries from blunt force trauma. That two sons have pardoned four police officials, including a senior SP, for their alleged involvement in their father’s death raises questions about justice and accountability in Pakistan. This was not a wrongful death dispute between two parties as is seen in road accidents where forgiveness might be some resolution. This was a death in police custody. The very institution tasked with protecting citizens stands accused of taking a life under its watch. Such cases should be prosecuted by the state itself. The burden of justice cannot be placed on grieving families, who may be exposed to intimidation. The heirs insist that this ‘settlement’ occurred “without pressure, force, compulsion, coercion and enticement”. However, such claims ring hollow in a context where allegations of police influence over judicial processes are not rare. How can we, then, believe that there was no external pressure? The fact that one of the suspects sought to wriggle out of being placed on the no-fly list only deepens suspicion.

The case follows an unfortunate template: a citizen dies in custody, evidence of foul play emerges, officials face charges, and mysteriously, the matter ends in ‘compromise’. The court’s reliance on affidavits submitted by the heirs casts doubt on the integrity of the process. Every time such a settlement occurs, public trust is eroded and those who abuse their authority are emboldened. Until such deaths are treated as crimes against the state itself, this cycle of impunity will continue. The judiciary must recognise that allowing such deals is tantamount to licensing state violence. No society can maintain the rule of law when those entrusted to uphold it can literally get away with murder.

Published in Dawn, November 21st, 2024