J&K&L HC Issues Contempt Notice To Cops Over Alleged Custodial Torture Of Punjab Labourers, Cites Violation Of DK Basu & Arnesh Kumar Guidelines
The Jammu & Kashmir and Ladakh High Court has issued contempt notices to the Sub-divisional Police Officer (SDPO), Station House Officer (SHO), and other police personnel of Police Station Basohli for the illegal arrest and custodial torture of two Punjab-based labourers. A bench of Justice Moksha Khajuria Kazmi passed the order while hearing a contempt petition filed...
The Jammu & Kashmir and Ladakh High Court has issued contempt notices to the Sub-divisional Police Officer (SDPO), Station House Officer (SHO), and other police personnel of Police Station Basohli for the illegal arrest and custodial torture of two Punjab-based labourers.
A bench of Justice Moksha Khajuria Kazmi passed the order while hearing a contempt petition filed by Advocates Shakeel Ahmed and Rahul Raina. The petition alleges blatant violation of the Supreme Court's binding guidelines laid down in D.K. Basu v. State of West Bengal and Arnesh Kumar v. State of Bihar landmark judgments that mandate procedural safeguards against arbitrary arrest and custodial abuse.
The petitioners submitted that the victims, hailing from Punjab, were subjected to inhuman treatment while in unlawful custody, raising serious concerns over abuse of power and police excesses.
It was further alleged that no legal procedure was followed in detaining the labourers, and medical evidence of injuries sustained in custody was also placed on record.
Taking cognisance of the allegations, the High Court issued contempt notices to the erring officials, directing them to respond by the next date of hearing. The matter is now listed for September 3, 2025.
The learned counsel for the petitioners submitted that the respondents illegally and arbitrarily detained the petitioners at around 12:30 A.M. on 30.06.2025, without following the due process of law.
It is further submitted that the petitioners were brutally tortured in custody despite there being no legal necessity for their arrest.
The development underscores the judiciary's increasing intolerance toward custodial violence and reinforces the duty of law enforcement agencies to uphold the rule of law.
APPEARANCE:
Mr. S S Ahmed, Advocate with Mr. Rahul Raina, Advocate for Petitioners
Case-Title: Sukar Din vs Suresh Kumar, 2025