SRINAGAR: Justice Vinod Chatterji Koul of the High Court of Jammu and Kashmir and Ladakh has stayed the operation of an FIR registered against two Punjab labourers who have alleged custodial torture.
The FIR (No. 0061/2025), dated June 30, was registered at Police Station Basohli under sections 132-221, 352, and 3(5) of the Bharatiya Nyaya Sanhita, 2023, against Sukar Deen, son of Sardari Deen, and Farid Mohammad, son of Rahim Baksh, both residents of Chibber village, Dhar Kalan tehsil of Pathankot, Punjab.
Advocate SS Ahmed, representing the petitioners, sought quashing of the FIR and compensation of Rs 50 lakh each, alleging that the two were subjected to brutal custodial torture at Atal Setu and later at Police Station Basohli. He argued the FIR was fabricated to cover up torture, accusing the labourers of attacking police personnel.
Justice Koul, after hearing arguments, issued notices to the Principal Secretary (Home Department), Director General of Police Jammu and Kashmir, Inspector General of Police Jammu Zone, SSP Kathua, and SHO Basohli, returnable within four weeks. Till the next hearing, the FIR has been stayed.
The petition cited an order of the Munsiff/JMIC Basohli dated June 30, 2025, which had declined police remand, observing that the accused were arrested at 2 am and that Supreme Court guidelines in D.K. Basu v. State of West Bengal were not complied with. The JMIC further noted that medical reports showed injuries consistent with custodial beating, rendering the accused unfit, and thus remanded them to judicial custody.
The petition also annexed photographs of the alleged injuries, along with treatment records from Civil Hospital Pathankot and corroboration from SDH Basohli.
The High Court has listed the matter for further hearing on October 18, 2025. (KNT)
