The Supreme Court has ordered a probe by the Central Bureau of Investigation (CBI) into the brutal custodial torture of a police constable in Jammu & Kashmir. The Court also directed the Union Territory of J&K to pay him ₹50 lakh as interim compensation, holding that his fundamental rights under Articles 14 and 21 of the Constitution had been grossly violated.
The case arose from allegations that the police constable was illegally detained between February 20 and 26, 2023 at the Joint Interrogation Centre (JIC), Kupwara, where he was subjected to horrific torture. The abuses included mutilation of his genital organs, use of pepper spray and electric shocks on sensitive areas, severe beatings, and other degrading treatment. The medical evidence, including MLC reports and expert opinions, confirmed grave injuries fractures, vegetative matter in the rectum, and complete mutilation of genitals corroborating his claims.
The High Court had earlier refused to quash the FIR lodged against Chohan under Section 309 IPC (attempt to commit suicide), instead directing only a preliminary enquiry. However, the Supreme Court strongly disagreed with this approach, terming the FIR a “mala fide and malicious attempt to shield the real culprits” and proceeded to quash it entirely. The Court held that prosecuting the victim under Section 309 IPC violated his rights, especially in light of Section 115 of the Mental Healthcare Act, 2017, which mandates that persons attempting suicide are presumed to be under severe stress and should not be criminally prosecuted.
The Bench, comprising Justices Vikram Nath and Sandeep Mehta, emphasized that custodial torture is a direct assault on human dignity and liberty. Authoring the judgment, Justice Mehta noted that the case presented a clear instance of abuse of state power. The Court also referred to landmark decisions such as D.K. Basu v. State of West Bengal, (1997) 1SCC 416, Nilabati Behera v. State of Orissa,(1993) 2 SCC 746, and Sube Singh v. State of Haryana,(2006) 3 SCC 178, reaffirming the principle that custodial violence cannot be tolerated in a civilized society.
Recognizing the inherent conflict of interest in allowing local police to investigate their own officers, the Court transferred the probe to the CBI, with a direction to complete the investigation within three months. The Court further ordered that the police officers responsible for the custodial torture be arrested within one month. It also made it clear that the ₹50 lakh compensation must be paid by the UT of J&K within a month, and the same could be recovered from the erring officers following disciplinary or legal action.
