IN A SIGNIFICANT RULING YESTERDAY, the Supreme Court not only ordered an investigation by the Central Bureau of Investigation (CBI) into the custodial torture of a police constable but also awarded compensation of Rs. 50 lakh to the victim.
The Court further directed that the police officials found responsible for the custodial torture be arrested immediately, and no later than one month from the date of the judgment.
A Bench comprising Justices Vikram Nath and Sandeep Mehta held that such directions were necessary to uphold the constitutional mandate to protect the fundamental rights of the victim.
The Bench was ruling on a petition filed by police constable Khursheed Ahmad Chohan, challenging the order of the High Court of Jammu and Kashmir and Ladakh, which dismissed his petition seeking the registration of an FIR against the police personnel, the transfer of the investigation to the CBI, and the quashing of the FIR filed against him.
A brutal torture
On February 17, 2023, Chohan was summoned by Aijaz Ahmad Naiko, Deputy Superintendent of Police, Kupwara, Jammu and Kashmir, to report to the Office of the Senior Superintendent of Police on February 20, 2023, in connection with an inquiry related to a narcotics matter.
Chohan alleged that upon reaching the Office of the Senior Superintendent of Police, he was detained and subjected to brutal custodial torture for six consecutive days. His genitalia and testicles were amputated, pepper was sprinkled on his private parts, and he was given electric shocks, which led to a fracture in his foot. He was shifted to the District Hospital, Kupwara, in a comatose condition.
