SC orders Rs 50 lakh compensation, CBI probe into alleged torture of J&K Police constable

Srinagar, July 21: The Supreme Court on Monday ordered the Union Territory of Jammu and Kashmir to pay a compensation of ₹50 lakh to the appellant-victim, constable Khursheed Ahmed Chauhan, as restitution for the gross violation of his fundamental rights, Live Law.in reported.

The Court also ordered the Central Bureau of Investigation (CBI) to launch an investigation into the alleged custodial torture of the police constable and directed it to complete the probe within a period of three months.

The Court further ordered the immediate arrest of the police officers of the J&K Police, who were allegedly involved in the torture, within a period of one month.

A bench comprising Justices Vikram Nath and Sandeep Mehta heard the case, in which the appellant—a police constable—approached the Supreme Court challenging the High Court's refusal to quash an FIR registered against him under Section 309 IPC (attempt to commit suicide). He alleged that he was subjected to inhuman and degrading torture, including mutilation of his private parts, during a six-day illegal detention from February 20 to 26, 2023, at JIC Kupwara.

Setting aside the High Court’s decision, the judgment authored by Justice Mehta observed that the continuation of criminal proceedings under Section 309 IPC would amount to a travesty of justice, and accordingly quashed the FIR. However, the Court took strong exception to the custodial violence suffered by the appellant during the illegal detention.

In addition to identifying and prosecuting the officers responsible for the abuse, the CBI was also tasked with investigating “systemic issues” at the JIC Kupwara. The Court emphasized the need to determine whether structural or institutional failings enabled a culture of impunity that led to the custodial torture.