SRINAGAR: The Supreme Court on Monday ordered a probe by the Central Bureau of Investigation (CBI) into the alleged custodial torture of a police constable at the Joint Interrogation Centre (JIC) in Kupwara, Jammu and Kashmir.
The Court also directed the immediate arrest of the Jammu and Kashmir police officers found responsible for the alleged abuse. Further, it ordered the Union Territory administration to pay ₹50 lakh as compensation to the victim, Khursheed Ahmed Chauhan, for the violation of his fundamental rights.
A bench of Justices Vikram Nath and Sandeep Mehta passed the directions while hearing an appeal filed by Chauhan, a police constable, who had challenged the High Court’s refusal to quash an FIR registered against him under Section 309 of the IPC (attempt to commit suicide).
Chauhan alleged that he was subjected to inhuman torture during an illegal six-day detention at JIC Kupwara from February 20 to 26, 2023, including mutilation of his private parts.
Authoring the judgment, Justice Mehta held that allowing the FIR under Section 309 to proceed would amount to a travesty of justice. The Court quashed the case but took serious note of the custodial torture inflicted on the appellant.
In addition to identifying those directly responsible, the Court also directed the CBI to investigate structural and institutional issues at the JIC in Kupwara to determine whether such abuse was enabled by systemic failings.
The Court ordered that the officers involved in the alleged torture be arrested within one month and that the CBI complete its investigation within three months of FIR registration. (LiveLaw)
