Magistrate observes prima facie case against police officer; missing CCTV footage and allegations of prolonged unlawful custody draw scrutiny
Northlines Correspondent
Jammu Tawi, June 3: In a significant order that has brought the spotlight back on police accountability and the protection of individual liberty, the Court of the Special Mobile Magistrate (Electricity), Jammu, has taken cognizance of a criminal complaint against the Station House Officer (SHO) of R.S. Pura Police Station, Inspector Ravi Singh Parihar over allegations of unlawful detention and abuse of authority.
The complaint was filed by Kulbir Singh, who alleged that he and his elderly mother were kept in illegal custody for an extended period in connection with proceedings relating to the death of his wife in April 2025. According to the complaint, he was allegedly detained from April 28 to June 29, 2025, without adherence to mandatory legal safeguards and was denied access to family members during much of the period.
The SHO denied the allegations and maintained that all actions were taken lawfully during the course of an inquiry into the suspicious death of the complainant’s wife. The defence further argued that the complainant was formally arrested only after registration of an FIR and that all procedural requirements under the Bharatiya Nagarik Suraksha Sanhita (BNSS) were followed.
After examining the complaint, objections filed by the accused officer, and the material placed on record, the court observed that questions regarding the legality of the detention and the conduct of the police could not be dismissed at the preliminary stage. The court also referred to legal precedents indicating that certain categories of police officers are not automatically entitled to statutory protection from prosecution.The court found sufficient prima facie grounds to proceed against the SHO for alleged wrongful confinement.
A notable aspect of the case relates to CCTV footage from the police station. The court recorded that despite earlier directions to preserve and retrieve the footage for the relevant period, the material could not be produced. A report submitted to the court stated that the footage was allegedly lost due to a short circuit, resulting in data loss. The court observed that the circumstances surrounding the CCTV records created suspicion and raised concerns regarding compliance with judicial directions on transparency in police stations.
The magistrate further noted that certain material facts highlighted by the complainant had not been specifically answered by the accused officer. The order states that these circumstances were sufficient to establish a prima facie case warranting further proceedings. Consequently, the court took cognizance of the matter under Section 127 of the Bharatiya Nyaya Sanhita (BNS) and directed the accused officer to appear before the court on the next date of hearing.
The court also referred to another controversial development linked to the same police station. The investigating officer handling the original FIR against Kulbir Singh was recently booked by the Central Bureau of Investigation (CBI) in a bribery case.
According to the complaint, the officer was allegedly caught demanding illegal gratification from one of the accused parties in the case.
Legal observers say the case underscores a recurring concern in India’s criminal justice system—the imbalance between the vast powers available to law-enforcement agencies and the limited mechanisms for immediate accountability when allegations of illegal detention surface. While the allegations remain to be tested during trial, the court’s order serves as a reminder that personal liberty is a constitutional right and that procedural safeguards governing arrest and detention are intended to prevent arbitrary exercise of police power.
The court has directed SHO Ravi Singh Parihar to appear personally before the court on July 2, 2026, along with personal and surety bonds of Rs 30,000.
