The Supreme Court on Monday ordered a CBI probe into allegations of custodial torture of constable Khursheed Ahmad Chohan at the Joint Interrogation Centre (JIC) in Jammu & Kashmir’s Kupwara district.
The court directed the immediate arrest of the police officers involved and ordered J&K to pay Rs 50 lakh as compensation to the victim.
According to the Bar and Bench, a bench comprising Justice Vikram Nath and Justice Sandeep Mehta passed the order while hearing the case arising from the 2023 allegations by Chohan, a selection grade constable in the Jammu and Kashmir Police.
Allegations of brutal torture
He had alleged brutal torture during his detention at the Kupwara JIC in connection with a narcotics probe.
The bench was hearing an appeal by Chohan against the Jammu and Kashmir High Court's refusal to quash an FIR registered against him under Section 309 of the Indian Penal Code (attempt to commit suicide).
The constable 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 the Joint Interrogation Centre.
According to court records, Chohan reported to the Joint Interrogation Centre on February 21, 2023, and was instructed to remain in custody at the barracks for several days.
The injuries sustained by the constable were so severe that he had to be rushed for emergency medical treatment at Sher-i-Kashmir Institute of Medical Sciences (SKIMS), Soura. In a state of extreme trauma, he also attempted suicide.
Setting aside the High Court’s decision, the Supreme Court quashed the FIR against Chohan under Section 309.
In the judgment authored by Justice Mehta, the court held that continuing criminal proceedings for an alleged suicide attempt would amount to a travesty of justice.
However, it took strong exception to the custodial violence inflicted on Chohan during the period of illegal detention.
The court has directed the Director of CBI to initiate a Regular Case (RCA) in connection with the incident.
All materials gathered during the inquiry so far are to be handed over to a competent CBI officer. The director has also been instructed to constitute a Special Investigation Team (SIT) to investigate the matter.
The bench mandated that the police officers involved in the custodial torture be arrested within one month and the investigation be completed within three months from the registration of the FIR.
The CBI has also been tasked with conducting an inquiry into “systemic issues” at the Kupwara Joint Interrogation Centre. The agency must submit its report by September 10.
