Supreme Court Today (July 21) ordered a CBI probe into the alleged torture of a police constable at Kupwara’s Joint Interrogation Centre in 2023. The court also granted Rs 50 lakh compensation to the victim for violation of his basic rights.
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NEW DELHI: In a decision against custodial violence, the Supreme Court of India has asked the Central Bureau of Investigation (CBI) to look into the serious allegations of torture faced by a police constable in Jammu and Kashmir.
This incident took place at the Joint Interrogation Centre (JIC) in Kupwara between February 23 to 26, 2023. The top court has said that the CBI must arrest the guilty officers within one month and finish its full investigation in that same period.
A bench of Justice Vikram Nath and Justice Sandeep Mehta gave this important order.
They also said that Khursheed Ahmad Chohan, the constable who was allegedly tortured, must get Rs 50 lakh as compensation from the Jammu and Kashmir administration. This amount is to be paid because his fundamental rights were violated.
The Supreme Court further directed the CBI to form a Special Investigation Team (SIT) for this case. This SIT will carefully investigate what happened at the Kupwara JIC and also check the systematic issues that may have caused or allowed such torture to happen.
The court said this decision is very important because it protects the basic constitutional rights of all citizens and sends a strong message that custodial violence will not be tolerated.
It also cancelled a decision made earlier by the High Court, which had refused to cancel charges under Section 309 of the Indian Penal Code (IPC) – which is about attempting suicide – against Mr. Chohan.
According to the constable’s complaint, he was illegally held at the Kupwara JIC for several days in February 2023. During that time, he was treated inhumanely, and there were even allegations of mutilation of his private parts, which is a serious form of torture.
While quashing the FIR against Mr. Chohan, Justice Sandeep Mehta clearly stated in the judgment:
“Continuing criminal proceedings against him under Section 309 (IPC) would be a travesty of justice.”
The court also said that the CBI must deeply look into the “systematic issues” at the Kupwara JIC. These issues are important because they help understand what kind of failures allowed such cruel custodial abuse to happen.
CASE TITLE:
KHURSHEED AHMAD CHOHAN vs UNION OF TERRITORY OF JAMMU AND KASHMIR AND ORS.
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