SC orders CBI probe into torture of J&K police official; orders Rs 50 lakh compensation

New Delhi: The Supreme Court on Monday ordered a CBI probe into the alleged custodial torture of a police constable at the joint interrogation centre (JIC) in Kupwara, Jammu and Kashmir.

A bench of Justices Vikram Nath and Sandeep Mehta directed the police officers of the J&K police, who were allegedly responsible for the custodial torture of the police official, should be arrested forthwith and not later than within one month.

The court also directed the Union Territory of Jammu and Kashmir to pay a compensation of Rs 50 lakh to the appellant Khursheed Ahmed Chauhan, as restitution for the gross violation of his fundamental rights. The amount would be recoverable from the officers who should face departmental proceedings after the CBI probe, it said.

It said where fundamental rights, particularly the right to life and personal liberty under Article 21 of the Constitution are violated by State machinery, appropriate monetary compensation may be an effective remedy. "Such compensation must focus on the compensatory element and serve as a balm to the victim, without prejudice to other remedies in civil or criminal law," the bench said.

The court emphasised the police have no discretion in the matter of registration of an FIR once alleged facts disclose commission of cognizable offences. It opined allowing preliminary inquiry, particularly in matters involving custodial violence, would enable institutional cover-up and defeat the very purpose of criminal law, designed to protect citizens from state excesses.

The bench set aside the High court's decision and quashed the FIR against the appellant. The apex court observed that the continuation of the criminal proceedings of an alleged offence under Section 309 IPC (attempt to commit suicide) would be a travesty of justice.

The appellant had moved the apex court against the high court's decision, which declined to quash the FIR registered against him under Section 309 of the IPC and transfer the probe into the matter to the CBI.

He alleged that he was subjected to inhuman and degrading torture. It was alleged that he was illegally detained from February 20 to 26, 2023, at JIC Kupwara in a narcotics case probe. He claimed he was detained and subjected to brutal custodial torture for six consecutive days. His genital organs and testicles were amputated. Pepper was sprinkled on his private parts, and he was given electric shocks which led to a fracture of his foot.

His torture and injuries were allegedly projected as a suicide attempt and an FIR was lodged against him.

The apex court sought an inquiry regarding the officers responsible for the abuse, and also directed the CBI to conduct an inquiry into "systemic issues" prevailing at the JIC in Kupwara.

"In examining the plea by an aggrieved person seeking transfer of investigation to the CBI, the court must necessarily be guided by the strict parameters laid down in binding precedents," the bench said.

The court explained these included, inter alia, instances where the State police authorities appear to be biased or complicit, where the investigation has been tainted by delay, irregularity, suppression of material facts, or where the complexity and inter-State ramifications of the matter necessitate the involvement of a central agency.

In the case, the bench directed the CBI to complete its probe within three months from the date of FIR registration.