Institute of Legal and Management Studies

Reinforcing constitutional safeguards against custodial violence, the Supreme Court today (July 21) ordered a Central Bureau of Investigation (CBI) probe into the alleged custodial torture of a police constable at the Joint Interrogation Centre (“JIC”) in Kupwara, Jammu and Kashmir.

The Court directed immediate arrest of the police officers of the J&K police who were responsible for the abuse and ordered the Union Territory of J&K to pay a compensation of Rs. 50,00,000/- (Rupees Fifty Lakhs) to the appellant-victim Khursheed Ahmed Chauhan as restitution for the gross violation of his fundamental rights.

The bench comprising Justices Vikram Nath and Sandeep Mehta heard the case where the Appellant, a police constable, had approached the Supreme Court against the High Court's refusal to quash FIR registered against him under Section 309 IPC (attempt to commit suicide). He alleged that he was subjected to inhuman and degrading torture, including mutilation of his private parts, during a six-day illegal detention from February 20 to 26, 2023, at JIC Kupwara.

Setting aside the High Court's decision, the judgment authored by Justice Mehta noted that the continuation of the criminal proceedings of an alleged offence under Section 309 IPC would be travesty of justice, and hence quashed the FIR. However, it took strong exception to the custodial violence suffered by the Appellant during the illegal detention.

Apart from conducting a detailed inquiry about the officers responsible for the abuse, the CBI was directed to also conduct an inquiry into "systemic issues" prevailing at the Joint Interrogation Centre in Kupwara. The court underscored the need to assess whether structural or institutional failings enabled a climate of impunity that led to the custodial abuse.

The Court further mandated that the police officers allegedly involved in the torture be arrested forthwith, within a period of one month, and that the investigation be completed within three months from the date of FIR registration.

(Story To Be Updated After Uploading Of Judgment)

Cause Title: KHURSHEED AHMAD CHOHAN Versus UNION OF TERRITORY OF JAMMU AND KASHMIR AND ORS.

Appearance:

For Petitioner(s) : Mr. Anand Grover, Sr. Adv. Mr. Fuzail Ahmad Ayyubi, AOR Mr. Ibad Mushtaq, Adv. Ms. Akanksha Rai, Adv. Ms. Gurneet Kaur, Adv. Mr. Hasan Raza Khan, Adv.

For Respondent(s) : Mr. Shailesh Madiyal, Sr. A.A.G. Mr. Parth Awasthi, Adv. Mr. Pashupathi Nath Razdan, AOR