Supreme Court Mandates CBI Investigation

In a landmark decision addressing custodial violence, the Supreme Court has mandated a Central Bureau of Investigation (CBI) inquiry into the alleged torture of police constable Khursheed Ahmad Chohan at a Joint Interrogation Centre (JIC) in Kupwara, Jammu and Kashmir. The incident reportedly occurred between February 23-26, 2023. This ruling underscores the judiciary’s commitment to upholding constitutional safeguards against custodial abuse.

Arrests and Investigation Deadline

A bench comprising Justices Vikram Nath and Sandeep Mehta has instructed that the officials accused of involvement in the alleged torture be arrested within a month. The CBI has been given a one-month timeframe to complete its investigation. The court’s directive aims to ensure accountability and transparency in addressing allegations of custodial violence.

Compensation for Violation of Rights

The Jammu and Kashmir administration has been ordered to compensate Mr. Chohan with Rs 50 lakh for the violation of his fundamental rights. This compensation reflects the court’s recognition of the severe impact of custodial torture on individuals’ rights and dignity.

Quashing Charges Against Chohan

The Supreme Court has set aside a high court ruling that refused to quash charges under Section 309 (suicide attempt) of the Indian Penal Code against Mr. Chohan. Justice Sandeep Mehta emphasized that continuing criminal proceedings under this section would constitute a miscarriage of justice.

Addressing Systematic Issues

The court has directed the CBI to form a Special Investigation Team (SIT) to examine systematic issues at JIC Kupwara, highlighting the need for a thorough assessment of practices leading to custodial abuse. This directive aims to prevent future violations and reinforce legal protections against such acts.