Police torturing police? Supreme Court orders CBI probe into custodial torture of J&K constable

The Supreme Court on Monday directed a Central Bureau of Investigation (CBI) probe into allegations of custodial torture of a Jammu and Kashmir police constable by police themselves at the Joint Interrogation Centre in Kupwara [Khursheed Ahmad Chohan v. UT of J&K & Ors.].

A Bench of Justice Vikram Nath and Justice Sandeep Mehta ordered the arrest of Jammu & Kashmir police officers accused of custodial torture of constable Khursheed Ahmed Chohan and directed the Union Territory to pay him ₹50 lakh compensation for the grave violation of his fundamental rights.

The Court also ordered that the CBI shall also conduct an inquiry into the systemic issues at the Joint Interrogation Centre in Kupwara.

"The Director, CBI, shall constitute an SIT to investigate the matter. The police officers involved in the custodial torture shall be arrested forthwith, within a period of one month. The investigation shall be completed within three months from the registration of the FIR. The CBI shall also conduct an inquiry into the systemic issues at the Joint Interrogation Centre in Kupwara," the Court ordered.

The Court was hearing an appeal against the Jammu and Kashmir High Court’s decision refusing to register a case to investigate Chauhan's alleged custodial torture and declining to quash the First Information Report (FIR) filed against him under Section 309 of the IPC for an alleged suicide attempt by inflicting self-harm.

Chohan, a J&K police constable, alleged that he was illegally detained and brutally tortured at the Joint Interrogation Centre, Kupwara, after being summoned for a narcotics inquiry in February 2023. His wife’s repeated attempts to register an FIR for custodial torture failed, while police registered against him for an alleged suicide attempt.

He approached the High Court seeking FIR registration and quashing of the suicide FIR. In September 2023, a single-judge of the High Court ordered an inquiry into his torture allegations but let the suicide FIR stand. Chohan challenged the order before a division bench of J&K High Court.

However, the division bench also dismissed it in September 2024 as not maintainable, noting that he had also obtained a Supreme Court stay on proceedings in the suicide FIR.

Aggrieved by the order, he moved the Supreme Court.

The Supreme Court quashed the FIR against Chohan under Section 309 IPC.

The Bench added that the cumulative effect of all facts in instant was deeply shocking to the conscience of the Court.

"We are of the unequivocal opinion that the present case meets all such criteria. The injuries caused to the appellant during his illegal detention, particularly the complete mutilation of his genitalia, use of pepper/chilly powder and electric shocks on his genitalia, are grave reminders of the inhuman torture meted out to the appellant while detaining him illegally...the violation of Article 21 is not only evident but egregious. The appellant, a police constable himself, suffered life-debilitating injuries while in the custody of fellow state actors, and despite repeated complaints, no effective redress was provided," the Court noted while directing a CBI probe.

It further directed the CBI to submit its investigation report by 10 September.

The Court clarified that its observations on the custodial torture investigation apply solely to the Chohan's case and proceedings, without affecting other prosecution, which shall proceed independently as per law.

Senior Advocate Anand Grover and Advocates Fuzail Ahmad Ayyubi, Ibad Mushtaq, Akanksha Rai and Gurneet Kaur appeared for the petitioner.

Assistant Advocate General Shailesh Madiyal and advocates Parth Awasthi and Pashupathi Nath Razdan appeared for the respondents.

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