In a stern rebuke of custodial brutality and institutional failure, the Supreme Court on Monday ordered the immediate arrest of Jammu and 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 transferred the investigation to the Central Bureau of Investigation (CBI), directing a comprehensive probe not only into the individual acts of torture but also into the systemic failings that may have enabled such abuse. The court also quashed the criminal case filed against Chauhan for attempted suicide and awarded him โน50 lakh in compensation, citing gross violations of his constitutional and human rights.
โThe continuation of criminal proceedings against the victim under Section 309 IPC (attempt to suicide) would be a travesty of justice,โ the bench observed, reversing the Jammu & Kashmir High Courtโs refusal to quash the FIR.
The case concerns allegations that Chauhan, a serving constable in the Jammu & Kashmir Police, was illegally detained and tortured between February 20 and 26, 2023. During his six-day illegal confinement at the JIC Kupwara, Chauhan claimed he was subjected to severe custodial abuse, including mutilation of his private parts. He subsequently attempted suicide and was later booked under Section 309 IPC.
While the J&K High Court had declined to intervene in the matter, the apex court took a drastically different view, condemning the treatment meted out to Chauhan and expressing concern over the apparent culture of impunity at the interrogation facility.
โInstitutional impunity cannot be tolerated,โ the Court said, directing the CBI to not only identify and arrest the officers involved within a month but also investigate the โoperational cultureโ at the JIC Kupwara.
The court emphasized that the CBI must complete its investigation within three months of FIR registration and submit a detailed report on both individual accountability and systemic lapses.
