A court in Jammu and Kashmir's Kupwara district recently denied bail to eight police officers, including a Deputy Superintendent of Police (DSP), who are accused of illegal detention and custodial torture of a police constable in February 2023..DSP Aijaz Ahmad Naik and seven others officers were booked by the Central Bureau of Investigation (CBI) in July after Supreme Court ordered an independent investigation into the alleged illegal detention and torture of police constable Khursheed Ahmed Chowhan at the district's Joint Interrogation Centre (JIC).The complainant, Rubeena Akhter, had alleged that Chowhan, her husband, was illegally detained for six days and subjected to brutal interrogation under the pretext of narcotics-related investigation.After their arrest by CBI, Naik and eight others had moved bail petitions before the trial court in north Kashmir..In the order passed on December 8, Principal Sessions Judge Manjeet Singh Manhas said that the accused had failed to make out any case for grant of bail at this stage."Accordingly, the present bail applications, being devoid of merit, are dismissed," the Court ordered..The Court considered whether the accused were entitled to default bail for lack of prosecution sanction with the chargesheet. It opined that the question does not arise at all."Once the challan is presented before the competent court within the statutory period, the question of default bail does not arise at all," it said.The Court added that the matter has only recently been committed to the sessions court, and it was yet to hear the arguments on possible legal impact of the absence of sanction at this stage."This crucial issue shall be taken up for consideration at the stage of framing of charge/discharge, and its legal implications shall be decided thereafter. Meaning thereby that the applicants, both at the time of rejection of their earlier bail application and today stand on the same pedestal, and therefore no substantial change in circumstances can be said to have occurred," it said.The Court also opined that it would be premature to assess the merits of the allegations at this stage. It, thus, ruled that judicial custody of accused can be continued till consideration of charges."Though the challan has now been committed to this Court and arguments on charge are yet to be advanced, it is only after such arguments are heard that this Court can frame an opinion as to whether charges are made out against the accused persons. At this premature stage, whether the prosecution has carved out a prima facie case or not cannot be conclusively determined. Until a finding is arrived at on the issue of charge, the accused can be remanded to judicial custody, pending a comprehensive hearing of both sides," it said, while rejecting the bail petitions..Senior Advocate Sunil Sethi represented DSP Aijaz. Advocates Ashraf Malik and Ahrar Dar represented other accused.Special PP Zahoor Malik appeared for the CBI.[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.
