The Supreme Court on Saturday ordered a Central Bureau of Investigation (CBI) investigation into the alleged torture of a police constable at a Joint Interrogation Centre (JIC) in Kupwara, Jammu and Kashmir, in February 2023, in a landmark ruling that strengthened constitutional protection against abuses in custody.
The CBI was instructed by a bench made up of Justices Vikram Nath and Sandeep Mehta to finish its inquiry in a month and make sure that all implicated officials are taken into custody by then. In order to thoroughly investigate the alleged custodial violence, the Supreme Court has also directed the federal agency to establish a Special Investigation Team (SIT).
The bench also ruled that the Jammu and Kashmir administration must pay ₹50 lakh in compensation to Khursheed Ahmad Chohan, a police constable who approached the court alleging illegal detention, custodial assault, and severe human rights violations, including mutilation of his private parts during his confinement from February 23 to 26, 2023.
Calling it a gross infringement of Article 21 of the Constitution, which guarantees the right to life and dignity, the Supreme Court noted that the state had failed in its duty to prevent abuse of power within its security apparatus.
The court also quashed the FIR filed against Mr. Chohan under Section 309 of the Indian Penal Code, which criminalizes attempted suicide. The constable had earlier faced prosecution under this section, a move the court has now termed “a travesty of justice.”
“The continuation of criminal proceedings against the petitioner would amount to perpetuating injustice,” Justice Mehta observed in the judgment, overturning the Jammu and Kashmir High Court’s refusal to intervene in the case.
Significantly, the court directed the CBI not only to identify and prosecute the individual perpetrators but also to investigate “systematic issues” at the Kupwara JIC—a facility where multiple allegations of custodial excesses have surfaced over the years.
The court's recognition of potential structural flaws in the security and law enforcement environment that permit such abuses is reflected in the mandate for institutional reflection.
Legal experts see the ruling as a strong affirmation of the judiciary’s zero-tolerance approach towards custodial torture, especially by state actors. The Supreme Court’s stance underlines that state impunity cannot override the fundamental rights of individuals, including those serving within its police forces.
The court's ruling sends a broader message on transparency, accountability, and constitutional governance within the law enforcement apparatus, particularly in sensitive regions like Jammu and Kashmir.
