The Supreme Court on Monday ordered the immediate arrest of Jammu & Kashmir police officers accused of brutally torturing a fellow constable, Khursheed Ahmed Chauhan, during an alleged illegal detention at the Joint Interrogation Centre (JIC) in Kupwara last year.
A bench of Justices Vikram Nath and Sandeep Mehta also directed the Central Bureau of Investigation (CBI) to take over the case and conduct a comprehensive inquiry not just into the individual acts of brutality, but also into systemic failings that may have enabled such abuse within the institution. The court further awarded Rs 50 lakh in compensation to Chauhan for the gross violation of his constitutional and human rights.
“The continuation of criminal proceedings against the victim under Section 309 IPC (attempt to suicide) would be a travesty of justice,” the Court observed, quashing the FIR that Chauhan had challenged.
The case revolves around allegations that Chauhan, a constable in the J&K Police, was illegally detained and tortured for six days from February 20 to 26, 2023, at the JIC Kupwara. According to the victim, he was subjected to severe custodial abuse, including mutilation of his private parts, during detention. He later attempted suicide and was subsequently charged under Section 309 of the Indian Penal Code.
The Jammu & Kashmir High Court had refused to quash the suicide attempt FIR, prompting Chauhan to approach the apex court. While reversing the High Court's decision, the bench said the criminal case against Chauhan had no legs to stand on and slammed the authorities for their failure to protect basic constitutional rights.
The top court also made it clear that institutional impunity cannot be tolerated and tasked the CBI with not only identifying the officers responsible for the torture but also with investigating the broader operational culture at the Kupwara facility.
“The investigation must cover systemic issues that may have contributed to a climate of abuse and silence,” the Court said.
It also ordered the arrest of the officers responsible within one month, and mandated that the investigation be completed within three months of FIR registration.