Supreme Court Orders Rs 50 Lakh Compensation To J&K Police Officer Who Suffered Custodial Torture, Directs CBI Probe

Reinforcing constitutional safeguards against custodial violence, the Supreme Court today (July 21) ordered a Central Bureau of Investigation (CBI) probe into the alleged custodial torture of a police constable at the Joint Interrogation Centre (“JIC”) in Kupwara, Jammu and Kashmir.

The Court directed immediate arrest of the police officers of the J&K police who were responsible for the abuse and ordered the Union Territory of J&K to pay a compensation of Rs. 50,00,000/- (Rupees Fifty Lakhs) to the appellant-victim Khursheed Ahmed Chauhan as restitution for the gross violation of his fundamental rights.

"Considering the gravity and magnitude of the custodial torture established through medical records and the institutional apathy that followed, we are of the considered opinion that this is a fit case for awarding compensation to the victim of the violence," the Court said.

"where the right to life and personal liberty under Article 21 of the Constitution of India are violated by State machinery, appropriate monetary compensation may be an effective remedy", the Court said, referencing DK Basu v. State of West Bengal (1997) 1SCC 416 and Nilabati Behera v. State of Orissa (1993) 2 SCC 746.

"The State Government shall be under an obligation to recover the said amount (Rupees Fifty Lakhs) from the officials found guilty upon completion of the investigation/disciplinary proceedings.", the court added.

The bench comprising Justices Vikram Nath and Sandeep Mehta heard the case where the Appellant, a police constable, had approached the Supreme Court against the High Court's refusal to quash FIR registered against him under Section 309 IPC (attempt to commit suicide). He alleged that he was subjected to inhuman and degrading torture, including mutilation of his private parts, during a six-day illegal detention from February 20 to 26, 2023, at JIC Kupwara.

Setting aside the High Court's decision, the judgment authored by Justice Mehta noted that the continuation of the criminal proceedings of an alleged offence under Section 309 IPC would be a travesty of justice, and hence quashed the FIR. However, it took strong exception to the custodial violence suffered by the Appellant during the illegal detention, warranting adequate compensation to the Appellant.

"We are of the unequivocal opinion that the present case meets all such criteria. The injuries caused to the appellant during his illegal detention, particularly the complete mutilation of his genitalia, use of pepper/chilly powder and electric shocks on his genitalia, are grave reminders of the inhuman torture meted out to the appellant while detaining him illegally. The cumulative effect of all these facts is deeply shocking to the conscience of this Court.", the court observed.

Apart from conducting a detailed inquiry about the officers responsible for the abuse, the CBI was directed to also conduct an inquiry into "systemic issues" prevailing at the Joint Interrogation Centre in Kupwara. The court underscored the need to assess whether structural or institutional failings enabled a climate of impunity that led to the custodial abuse.

The Court further mandated that the police officers allegedly involved in the torture be arrested forthwith, within a period of one month, and that the investigation be completed within three months from the date of FIR registration.

In furtherance of protecting the fundamental rights of the Appellant, the Court issued the following guidelines:

"I. The Director, CBI, shall forthwith direct registration of a RC in relation to the incidents of custodial violence and illegal detention of the appellant at the Joint Interrogation Centre, Kupwara during the period from 20th February, 2023 to 26th February, 2023, under relevant provisions of the penal statutes, based on the complaint filed by the appellant's wife dated 1st March, 2023 and the medical evidence on record. The RC shall be registered within 7 days of this order.

II. The entire material collected in enquiry conducted so far, including all related documents, medical records, CCTV footage, forensic evidence, and case diary, shall be immediately handed over to the competent officer of the CBI. The Director, CBI, shall constitute a Special Investigation Team headed by an officer not below the rank of Superintendent of Police to investigate this matter. The police officials found responsible for the custodial torture shall be arrested forthwith and not later than a period of one month from today. The investigation shall be completed within 90 days of the date of registration of the RC.

III. The CBI shall also conduct a comprehensive inquiry into the systemic issues at the Joint Interrogation Centre, Kupwara, including examination of all CCTV systems, interrogation from all personnel present during the relevant period, forensic examination of the premises, and review of all protocols and procedures followed for detention and interrogation of suspects.

IV. FIR No. 32 of 2023, registered against the appellant under Section 309 of the IPC at Police Station Kupwara, is hereby quashed being prima facie fabricated as, in our considered view, the same was registered with mala fide intent to shield the guilty officers and prejudice the rights of the appellant.

V. A sequel to the above discussion and in order to provide some solace to the victim and his family for the barbaric acts of custodial torture leading to complete castration, we hereby direct the Union Territory of Jammu & Kashmir to pay compensation of Rs.50,00,000/- (Rupees Fifty Lakhs) to the appellant (victim). The said amount shall be recoverable from the officer(s) concerned against whom a departmental proceeding shall be initiated upon conclusion of the investigation by the CBI. The CBI shall submit its status report to this Court by 10th November, 2025."

Cause Title: KHURSHEED AHMAD CHOHAN Versus UNION OF TERRITORY OF JAMMU AND KASHMIR AND ORS.

Citation : 2025 LiveLaw (SC) 732

Click here to read/download the judgment

Appearance:

For Petitioner(s) : Mr. Anand Grover, Sr. Adv. Mr. Fuzail Ahmad Ayyubi, AOR Mr. Ibad Mushtaq, Adv. Ms. Akanksha Rai, Adv. Ms. Gurneet Kaur, Adv. Mr. Hasan Raza Khan, Adv.

For Respondent(s) : Mr. Shailesh Madiyal, Sr. A.A.G. Mr. Parth Awasthi, Adv. Mr. Pashupathi Nath Razdan, AOR