JK News Today
Jammu, July 21: Reinforcing constitutional safeguards against custodial violence, the Supreme Court today (July 21) ordered a Central Bureau of Investigation (CBI) probe into the alleged custodial torture of a police constable at the Joint Interrogation Centre (“JIC”) in Kupwara, Jammu and Kashmir, according to Live Law , which reports on legal matters
The Court directed immediate arrest of the police officers of the J&K police who were responsible for the abuse and ordered the Union Territory of J&K to pay a compensation of Rs. 50,00,000/- (Rupees Fifty Lakhs) to the appellant-victim Khursheed Ahmed Chauhan as restitution for the gross violation of his fundamental rights.
The bench comprising Justices Vikram Nath and Sandeep Mehta heard the case where the Appellant, a police constable, had approached the Supreme Court against the High Court’s refusal to quash FIR registered against him under Section 309 IPC (attempt to commit suicide). He alleged that he was subjected to inhuman and degrading torture, including mutilation of his private parts, during a six-day illegal detention from February 20 to 26, 2023, at JIC Kupwara.
Setting aside the High Court’s decision, the judgment authored by Justice Mehta noted that the continuation of the criminal proceedings of an alleged offence under Section 309 IPC would be travesty of justice, and hence quashed the FIR. However, it took strong exception to the custodial violence suffered by the Appellant during the illegal detention.
