Supreme Court orders CBI probe into brutal custodial torture of police constable; awards 50 lakhs compensation

IN A SIGNIFICANT RULING YESTERDAY, the Supreme Court not only ordered an investigation by the Central Bureau of Investigation (CBI) into the custodial torture of a police constable but also awarded compensation of Rs. 50 lakh to the victim.

The Court further directed that the police officials found responsible for the custodial torture be arrested immediately, and no later than one month from the date of the judgment.

A Bench comprising Justices Vikram Nath and Sandeep Mehta held that such directions were necessary to uphold the constitutional mandate to protect the fundamental rights of the victim.

The Bench was ruling on a petition filed by police constable Khursheed Ahmad Chohan, challenging the order of the High Court of Jammu and Kashmir and Ladakh, which dismissed his petition seeking the registration of an FIR against the police personnel, the transfer of the investigation to the CBI, and the quashing of the FIR filed against him.

A brutal torture

On February 17, 2023, Chohan was summoned by Aijaz Ahmad Naiko, Deputy Superintendent of Police, Kupwara, Jammu and Kashmir, to report to the Office of the Senior Superintendent of Police on February 20, 2023, in connection with an inquiry related to a narcotics matter.

Chohan alleged that upon reaching the Office of the Senior Superintendent of Police, he was detained and subjected to brutal custodial torture for six consecutive days. His genitalia and testicles were amputated, pepper was sprinkled on his private parts, and he was given electric shocks, which led to a fracture in his foot. He was shifted to the District Hospital, Kupwara, in a comatose condition. 

Due to his serious medical condition, he was transferred first to the District Hospital, Baramulla, and then, on February 26, 2023, sent to the Sher-i-Kashmir Institute of Medical Sciences (‘SKIMS’), Soura. At SKIMS, Chohan, accompanied by Sub-Inspector Asiq Hussain, underwent surgery for the injuries caused by the amputation of his testicles, which had been brought to the hospital in a polythene bag by the said Sub-Inspector.

On February 26, 2023, Munner Ahmad, Sub-Inspector and In-Charge, Police Post Tad, Karnah registered an FIR against Chohan, for an offense punishable under Section 309 (attempt to commit suicide) of the Indian Penal Code, 1860.

Chohan’s wife immediately approached the Station House Officer, Police Station, Kupwara, requesting the registration of an FIR against the police personnel responsible for subjecting her husband to brutal custodial torture and inflicting life-threatening injuries. However, no action was taken by the SHO. Aggrieved, she approached the Senior Superintendent of Police, District Kupwara, who also refused to initiate any proceedings against the erring police officials.

High Court refused to quash FIR

Eventually, Chohan approached the High Court, seeking the registration of an FIR and other reliefs, including the quashing of the FIR against him.