New Delhi, July 21: Strengthening constitutional security measures against custodial violence, the Supreme Court today ordered an inquiry into a Central Bureau of Custodial torture of a police constable at the Joint Inquiry Center (“JIC”) in Kupwara, Jammu and Kashmir.
The court directed the immediate arrest of J&K police officers, who were responsible for abuse and ordered a compensation of Rs. 50,00,000/- (Rs. Fifty lakh) as a reinstatement of the appellant-Vikalam Khurshid Ahmed Chauhan for the gross violation of his fundamental rights.
The bench, which included Justices Vikram Nath and Sandeep Mehta, heard the case where the appellant, a police constable, refused to refuse the FIR registered against him under Section 309 IPC (attempt to commit suicide) against the High Court of the High Court. He alleged that he was subjected to inhuman and derogatory torture, including mutation of his private parts, during six-day illegal custody from 20 February to 26, 2023.
Separating the High Court’s verdict, the judgment written by Justice Mehta said that continuing the criminal proceedings of an alleged offense under Section 309 IPC would lead to a journey of justice, and therefore abolish the FIR. However, this was a strong exception to the custodial violence carried out by the appellant during illegal custody.
In addition to conducting a detailed investigation about the officials responsible for misuse, the CBI was directed to investigate the “systemic issues” prevalent at the Joint Inquiry Center in Kupwara. The court underlined the need to assess whether structural or institutional failures enabled the atmosphere of impure, causing custodial misuse.
The court further stated that police officers were allegedly involved in torture within a period of one month involved in torture, and the investigation would be completed within three months from the FIR registration date. (Livelaw)
