Big Supreme Court Order In 2023 Custodial Torture Case In J&K's Kupwara

In an important ruling against custodial violence this morning, the Supreme Court has ordered a Central Bureau of Investigation (CBI) inquiry into the alleged torture of a police constable back in 2023 at a Joint Interrogation Centre (JIC) in Jammu and Kashmir's Kupwara.

The accused officials involved in the alleged custodial violence must be arrested within a month, said a bench of Justices Vikram Nath and Sandeep Mehta, drawing up a one-month deadline for the federal agency to complete its probe.

The Jammu and Kashmir administration has also been ordered to pay a compensation of Rs 50 lakh to Khursheed Ahmad Chohan, who had sought legal remedy against custodial torture, for the violation of his fundamental rights.

The court has asked the CBI to constitute a Special Investigation Team (SIT) to probe the custodial violence that allegedly occurred at the Kupwara JIC during February 23-26, 2023.

The latest ruling reinforces the constitutional safeguards against custodial violence that constitutes violations of fundamental rights. It sets aside a high court ruling that had refused to quash charges under Section 309 (suicide attempt) of the Indian Penal Code (IPC) against Mr Chohan.

The constable had alleged that he was illegally detained for several days at JIC Kupwara in February 2023, during which he faced inhuman treatment that even included mutilation of his private parts.

Quashing the FIR against Mr Chohan, Justice Mehta wrote in his judgment that continuing criminal proceedings against him under Section 309 (IPC) would be a travesty of justice. The court also ordered the CBI to look into the "systematic issues" at the JIC Kupwara, highlighting the need to assess the causes that led to the custodial abuse.