New Delhi, Jul 21 – In a strong message against custodial violence, the Supreme Court on Sunday ordered a CBI probe into the alleged torture of police constable Khursheed Ahmed Chauhan during illegal detention at the Joint Interrogation Centre (JIC), Kupwara, Jammu and Kashmir.
The top court also directed the immediate arrest of the Jammu & Kashmir police officers involved in the abuse and ordered the Union Territory administration to pay ₹50 lakh compensation to the victim for the gross violation of his fundamental rights.
The verdict, delivered by a bench comprising Justices Vikram Nath and Sandeep Mehta, came while hearing Chauhan’s plea to quash an FIR against him under Section 309 IPC (attempt to commit suicide). The Supreme Court set aside the J&K High Court’s refusal to quash the case, noting that Chauhan had instead been the victim of inhuman torture, including alleged mutilation of his private parts, during a six-day illegal detention from February 20–26, 2023.
“Continuing prosecution under Section 309 IPC would be a travesty of justice,” the court said, while quashing the FIR.
The Supreme Court also expanded the scope of investigation, directing the CBI to examine systemic issues at the JIC Kupwara, including any institutional failings that may have fostered a climate of impunity.
The Court ordered that:
CBI must complete the investigation within three months.
Police officers allegedly involved must be arrested within one month.
The probe should cover not only individual accountability but also broader structural lapses.
This ruling is being seen as a significant reaffirmation of constitutional safeguards against custodial violence, particularly when such abuse is inflicted by law enforcement on one of their own.
The judgment, authored by Justice Mehta, described the treatment meted to Chauhan as “inhuman and degrading,” warranting strict accountability and institutional introspection.
