The Supreme Court on Monday directed the CBI to undertake within seven days the investigation into the alleged custodial torture of Jammu and Kashmir police constable Khursheed Ahmad Chohan.
The court slammed the authorities for the brutality that resulted in the amputation of the genitals of the cop and awarded an interim compensation of ₹50 lakh to the family. It directed that the amount be recovered from the erring police officers after the disciplinary inquiry.
A bench of Justices Vikram Nath and Sandeep Mehta passed the judgment while allowing the appeal filed by Chohan challenging a judgment passed on September 18, 2023, by a single judge of the High Court of Jammu & Kashmir and Ladakh rejecting his plea for an FIR against the accused police personnel, transfer of the investigation to the CBI, and quashing of the FIR filed against him under IPC Section 309 (attempt to commit suicide).
According to Chohan, on February 17, 2023, he received a call from Aijaz Ahmad Naiko, deputy superintendent of police, Kupwara, directing him to report to the office of the senior superintendent of police on February 20 the same year in connection with an inquiry related to a narcotics case. He alleged that no sooner did he reach the SSP's office, he was detained and subjected to brutal custodial torture for six days. His genitals and testicles were amputated.
"The injuries caused to the appellant during his illegal detention, particularly the complete mutilation of his genitalia, use of pepper/chilly powder and electric shocks on his genitalia, are grave reminders of the inhuman torture meted out to the appellant while detaining him illegally. The cumulative effect of all these facts is deeply shocking to the conscience of this court. We direct the state to pay interim compensation of ₹50 lakh to the appellant...," the court said.
It rejected the arguments of the Jammu and Kashmir government that his condition was due to self-inflicted injuries to thwart a drug peddling case probe.