Justice Sandeep Mehta Orders Rs 50 Lakh Compensation to Jammu & Kashmir Police Officer Who Suffered Custodial Torture

In Khursheed Ahmad Chohan vs. Union Territory of Jammu and Kashmir & Ors. (2025), Supreme Court's Division Bench of Justices Vikram Nath and Sandeep Mehta passed a 58-page long judgment dated, July 21, 2025, wherein, it concluded:"40....the impugned judgment dated 18th September, 2023, passed by the learned Single Bench of the High Court of Jammu & Kashmir and Ladakh at Srinagar in Criminal Miscellaneous Petition No. 111 of 2023 connected with Writ Petition (Civil) No. 592 of 2023, rejecting the qppellant’s prayer for transfer of investigation to the CBI, is hereby quashed and set aside."

The judgment reads:"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."