SRINAGAR: The High Court of Jammu & Kashmir and Ladakh has overturned a 2008 order issued by the now-defunct State Human Rights Commission (SHRC) in a custodial torture case, citing a lack of adherence to natural justice.
The case revolved around a man who alleged he was tortured by police officers while in custody at Darhal Police Station. The SHRC had recommended a compensation of Rs 1 lakh for the victim.
However, a Bench comprising Justices Sanjeev Kumar and Puneet Gupta found that the accused police officers were not provided an opportunity to present their defense. “Before condemning the petitioners and imposing a penalty upon them, it was incumbent upon the Commission to summon all the petitioners and provide them with an adequate opportunity of being heard. The impugned order is, therefore, in violation of the principles of natural justice and cannot sustain,” the Bench stated.
Although the court considered remanding the case to the SHRC for fresh adjudication, it noted that the SHRC ceased to exist following the reorganization of Jammu and Kashmir in 2019. As a result, the High Court decided to close the case entirely.
The matter stemmed from a 2008 SHRC order in which a man claimed he was tortured by the Station House Officer of Darhal Police Station and other personnel during an investigation into his alleged involvement with militants. The SHRC concluded that custodial torture had occurred and directed that compensation be paid to the victim.
However, the High Court observed procedural lapses, particularly the lack of notice or a hearing for the accused officers, and ruled in their favor, quashing the SHRC’s decision.
The case has now been closed, with no further action planned due to the dissolution of the SHRC. (KNO)
