CB’s Economic Offences Wing can’t investigate custodial torture death: High Court

Srinagar, Dec 8: The High Court of J&K and Ladakh has set aside a Judicial Magistrate’s order whereby the court had directed the Economic Offences Wing (EOW) of Crime Branch to file a first information report (FIR) against police officials allegedly involved in the custodial death of a  25-year-old youth in Srinagar city in 2022.

Senior Superintendent of Police (SSP) EOW of Crime Branch Kashmir had petitioned against the magistrate’s order with a contention that the Police Station EOW had no jurisdiction to investigate the case the complainant had projected before the trial Magistrate.

The plea assailing the order underscored that EOW had no jurisdiction to probe the woman’s allegation that her son was tortured to death at Police Station Nowgam, as such offences fall outside the ambit of S.O. 232 dated 09.05.2022, which confines the EOW’s mandate to specific economic-related crimes.

A bench of Justice Sanjay Dhar remanded the case to the trial Magistrate to pass fresh orders on the complaint of the deceased's mother in accordance with law, while allowing the SSP’s plea.

“The Notification S.O. 232 designates EOW Srinagar as Police Station and vests the Superintendent of Police posted there with the powers of a Station House Officer,” the court said.

While the court noted that the annexure to the Notification gives the details of offences which can be registered and investigated by the Police Station, it said: “So far as the offence relating to custodial torture and killing is concerned, the same does not figure in the list of offences which are eligible to be registered and investigated by Police Station, Economic Offences Wing, Srinagar.”

In the instant case the allegation leveled by deceased’s mother in the complaint is regarding torture and custodial killing of her son by the police, the court said. “Such type of offence does not find mention in the list of offences mentioned in Annexure to S.O 232 dated 09.05.2022”.

Therefore, the court said, the trial Magistrate was not empowered to direct EOW Srinagar to register an FIR and investigate the case, as the same was beyond the jurisdiction of the Investigating Agency.

“Thus, the order impugned passed by the learned Magistrate, is not sustainable in law.”

Allowing the SSP’s plea, the bench overturned the order by Judicial Magistrate 1st Class (City Judge) Srinagar. The bench remanded the case to the trial Magistrate with a direction to pass fresh orders on the complaint by the deceased’s mother in accordance with the law.