New Delhi, July 28: CBI has booked six officers of Jammu and Kashmir Police after allegations of “cruel and inhuman custodial torture” on a fellow police constable two years ago.
In its FIR registered on the orders of the Supreme Court, the Central Agency has nominated Deputy Police Superintendent Aiz Ahmed Naiko and five others, who were then posted at the Joint Inquiry Center, Kupwara, said.
Apart from DSP Naiko, Sub-Inspector Riyaz Ahmed and four other J&A police officers- Jahangir Ahmed, Imtiaz Ahmed, Mohammad Yunis and Shakir Ahmed- have been named as allegedly “cruel and inhuman patrons to torture” in six days.
The victim, who was posted in Baramullah, was called through a signal communication on February 17, 2023, to report before the SSP, Kupwara Operately to investigate an intoxicating case for investigation in a drug case.
On arrival, he was handed over to the Joint inquiry center, where Naiko, Riaz Ahmed and others harassed Khurshid with iron rods and wooden rods for six days, besides the wife has accused her complaint, now in addition to huge electric shock, in addition to heavy electric shocks, now is part of the cedar.
“Finally on February 26, 2023, private parts of Khurshid were cut off, besides iron rods in their private parts for six days. Khurshid was subjected to severe torture and red chillies were put in their rectum and were also given electric shocks,” said the complaint.
On the basis of the complaint filed by Khurshid’s wife, the CBI FIR registered, who was running from a pillar to demand an inquiry into the alleged atrocities against her husband, alleged that the then SSP, Kupwara, on which the victim was sent to Kupwada from Bermula for investigation in a drug case, was left as a mute.
In its FIR, the agency has not nominated the SSP as an accused.
Khurshid contacted the Supreme Court with a cool petition after the Jammu and Kashmir High Court dismissed the petition seeking a CBI inquiry.
Handing over the case to the CBI, the apex court stated that the High Court “failed to exercise its constitutional obligation to protect the fundamental rights of a citizen, his dignity and life rights”.
A bench of Justices Vikram Nath and Sandeep Mehta said, “It failed to consider the gravity of crimes and at the same time the impact of the accused being a police officer can be affected.”
The apex court also ordered Khurshid to pay Rs 50 lakh in compensation, which will be recovered from the concerned officer (S), against which a departmental proceedings will be initiated by the CBI at the conclusion of the investigation.
The Supreme Court dismissed the claims of the center region of Jammu and Kashmir outright that the injuries were the result of an attempt to commit suicide.
“It is accepted that between February 20 and February 26, 2023, the appellant retained several injuries, including caustation of his genital areas and admitted to the Skim Hospital on 26 February 2023 at 2:48 am. It is also undisputed that a separate plastic bag was laughed in a separate plastic bag.
Police had said that Khurshid tried to kill his life during the investigation and his wounds were self-inspired.
In a scary judgment, the apex court mentioned that the “unprecedented gravity” of the case, which includes “cruel and inhuman custodial torture”, is characterized by the “complete mutation” of the appellant’s genitalia, represents one of the “most barbaric examples of the police atrocity, which is trying to save and cover all-palms.
“Medical evidence decisively establishes that such injuries are impossible to be self-inspired. The principle of suicide attempt (center area of Jammu and Kashmir) is uprooted under investigation under investigation against the timeline and medical evidence,” it said.
It states that Khurshid was called through a signal communication at the Joint Inquiry Center, Kupwara on 17 February 2023, which did not specifically refer to any specific FIR.
The court mentioned that according to police claims, it was called for questioning in connection with the 2023 FIR No. 1, which is contradictory to the fact that he was implicated in FIR No. 17 of 2023, was registered six days later on 23 February, 2023, and was arrested after a narrowing, which was arrested after a narrowing.
The court said, “This cosmic discrepancy highlights the fabricated nature of the defendant’s case and establishes illegal custody of the appellant from February 20, 2023 to 26 February 2023.”
The Supreme Court said that medical evidence decisively destroys the principle of loss and demolish suicide theory.
“Full surgical removal of both testicles, broad injuries for the appellant’s palms and soles, corresponding to custodial torture techniques such as Falanga, the presence of several botanical particles in the rectum, and injury to the buttocks extending up to the thighs – for a pattern of a pattern of constant and systematic torrent,” said.
It said that these injuries, especially in the absence of deadly bleeding or loss of consciousness, are “medically impossible to self-informing”, as it would have been, mutation was self-inflated.
“CBI will conduct a comprehensive investigation into systemic issues at the Joint Inquiry Center, Kupwara, including the examination of all CCTV systems, interrogation of all the personnel present during the relevant period, forensic examination of the campus, and reviewing all protocols and procedures and reviews of suspects and reviews of suspects,” the court said. (Agencies)