Srinagar, Apr 25: A court in Kupwara discharged a Deputy Superintendent of Police while ordering trial against seven other police personnel in an alleged 2023 custodial torture of a fellow police constable.
Principal District and Sessions Judge Kupwara, Manjeet Singh Manhas, in an order on April 24 held that no prima facie case was made out against DSP Aijaz Ahmad Naik, but found sufficient material to proceed against seven other accused officials.
The case stems from a Central Bureau of Investigation (CBI) probe into allegations that a police constable, Khursheed Ahmed Chowhan, was illegally detained and subjected to custodial torture at the Joint Interrogation Centre (JIC) Kupwara between February 20 and February 26, 2023 “on the pretext of investigating narcotics-related offences”.
The investigation was initiated following directions from the Supreme Court, after a complaint by the victim’s wife. The CBI registered an FIR in July 2025 and later filed a chargesheet against eight police personnel, invoking offences under Sections 120-B (criminal conspiracy), 323, 325 (causing hurt), 330, 331 (causing hurt to extract confession), and 343 (wrongful confinement) of the Indian Penal Code. CBI later arrested the cops including DSP in the case. In the last week of December, a court in Kupwara granted bail to all the accused.
After hearing arguments on charge and discharge, the court on Friday observed that the role of DSP Naik was supervisory in nature and that there was no material indicating his direct or indirect involvement in the alleged acts of torture.
The Court observed that the material on record does not disclose sufficient grounds for presuming that DSP has committed the offences alleged.
“ The suspicion arising against him does not attain the threshold of grave suspicion, and there is no prima facie material indicating his participation, direct or indirect. Accordingly, accused A-1 (DSP Aijaz) is hereby discharged of the offences punishable under Sections 120-B, 323, 325, 330, 331, and 343 IPC,” the order read.
However, the court took a different view with regard to the remaining accused, including Sub-Inspector Riyaz Ahmed Mir and Special Police Officer Jahangeer Ahmad Beigh, along with Head Constables Mohd Younis Khan and Tanveer Ahmad Malla, Selection Grade Constables Shakir Hussain Khoja and Altaf Hussain Bhat, and Constable Shahnawaz Ahmad Deedad.
Six of the seven accused are residents of Kupwara district in Jammu and Kashmir, while the remaining accused, Tanveer Ahmad Malla, hails from Bandipora district.
The Court noted that the material collected by the CBI, including the victim’s statement, medical evidence, and circumstantial factors, established a prima facie case against the seven.
The court observed that the injuries sustained by the victim during custody, particularly on sensitive parts of the body, along with medical opinion, pointed towards custodial violence. It also noted that the custodial setting placed the victim under the control of the accused personnel, strengthening the prosecution’s case at this stage.
Rejecting the defence argument that the allegations were vague, the court said the victim had specifically named the accused and attributed distinct roles to them, describing a “continuous course of conduct” over several days.
“At the stage of charge, the court is only required to see whether a prima facie case or grave suspicion exists, not to conduct a mini-trial,” the order said.
The court further held that the material on record prima facie satisfied the ingredients of offences.
“..the material on record, taken at its face value, discloses sufficient grounds for presuming that they (seven accused) have committed offences punishable under Sections 120-B, 323, 325, 330, 331 and 343 IPC, the acts having been committed in furtherance of a common design,” the Court order read.
Accordingly, the court directed that charges be framed against seven accused and listed the case for prosecution evidence on May 14.
