Supreme Court Orders CBI Probe, ₹50 Lakh Compensation in Shocking Custodial Torture Case of J&K Police Constable

In a strong indictment of custodial abuse by law enforcement authorities, the Supreme Court has ordered a Central Bureau of Investigation (CBI) probe into the alleged custodial torture of Jammu & Kashmir police constable Khursheed Ahmad Chohan at the Joint Interrogation Centre, Kupwara.

The Court also directed the immediate arrest of the accused police officers and awarded Chohan a ₹50 lakh compensation for the gross violation of his fundamental rights under Article 21 of the Constitution.

📍The Supreme Court’s Directions

A Bench comprising Justices Vikram Nath and Sandeep Mehta issued the following key directions:

CBI to register an FIR and constitute a Special Investigation Team (SIT) to probe the custodial torture.
Arrest of the accused officers within one month.
Completion of the investigation within three months from the date of FIR registration.
CBI to examine systemic issues within the Joint Interrogation Centre, Kupwara.
₹50 lakh compensation to be paid to Chohan by the Union Territory of Jammu & Kashmir.
CBI report to be submitted by 10 September 2025.

“The injuries caused to the appellant during his illegal detention—particularly the complete mutilation of his genitalia, the use of pepper/chilly powder, and electric shocks—are grave reminders of the inhuman torture meted out… The violation of Article 21 is not only evident but egregious,” the Court observed.

⚖️ The Case: Khursheed Ahmad Chohan v. UT of J&K & Ors.

The case originated after Chohan, a serving constable in the Jammu & Kashmir police, alleged that he was illegally detained and brutally tortured in February 2023 during a narcotics investigation. Despite multiple attempts by his wife to file an FIR for custodial torture, the local police refused to register a case, instead booking Chohan under Section 309 IPC (attempted suicide), accusing him of self-harm.

Chohan approached the J&K High Court, seeking registration of a torture FIR and quashing of the suicide FIR. A single-judge bench acknowledged the torture and ordered an inquiry but let the FIR under Section 309 IPC remain. When Chohan challenged this before a Division Bench, his appeal was dismissed on technical grounds in September 2024, prompting him to seek justice before the Supreme Court.

🚨 SC Quashes Suicide FIR, Slams State Inaction

Terming the suicide FIR “an act of institutional evasion,” the Supreme Court quashed the Section 309 charge against Chohan. It found that despite overwhelming evidence and serious injuries, no meaningful redress was provided.

“The cumulative effect of the facts is shocking to the conscience of the Court… A police constable, tortured by fellow officers, left with life-altering injuries—this is a tragic irony that cannot be ignored,” the Bench noted.

📌 Limited Scope, But Far-Reaching Impact

While making it clear that its findings were limited to Chohan’s case, the Court ordered the CBI to investigate not only the individual acts of torture but also systemic failures at the Joint Interrogation Centre, known for repeated allegations of abuse.

This ruling marks a watershed moment for custodial accountability in India, sending a clear message that state impunity will not be tolerated, even when the victim is a member of the police force itself.

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