New Delhi: The Supreme Court on Monday directed the CBI to register an FIR over the “brutal and inhuman custodial torture” of a police constable in Jammu and Kashmir and ordered the UT administration to pay him Rs 50 lakh compensation.
A bench of Justices Vikram Nath and Sandeep Mehta said the injuries caused to the constable during his illegal detention, particularly the “complete mutilation of his genitalia, use of pepper/chilly powder and electric shocks on his genitalia”, were grave reminders of the inhuman torture meted out to him.
“The cumulative effect of all these facts is deeply shocking to the conscience of this court,” the bench said. It continued, “The violation of Article 21 is not only evident but egregious.”
The bench observed the constable suffered life-debilitating injuries in custody of “fellow state actors” and despite repeated complaints, no effective redressal was provided.
“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 lakhs to the appellant (victim),” the order said.
While ordering the CBI FIR, the bench noted the incidents of custodial violence and illegal detention of the constable took place at the joint interrogation centre, Kupwara, between February 20, 2023 and February 26, 2023, based on his wife’s complaint and medical evidence.
The FIR was ordered to be lodged within seven days and material collected in the inquiry so far, including related documents, medical records, CCTV footage, forensic evidence and case diary, were directed to be “immediately handed over” to the CBI’s competent officer.
“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 bench said.
The police officials found responsible for the custodial torture should be arrested and not later than a month with the probe to be over within 90 days, the bench said.
“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,” it said.
The bench also quashed an FIR alleging attempt to suicide charge against the constable at Kupwara police station and said it was registered with malafide intent to shield guilty officers and prejudice the rights of the victim.
The amount was directed to be recovered from officers against whom a departmental proceeding was ordered to be initiated once CBI concluded its probe.
The bench directed the central agency to submit a status report by November 10.
The apex court was hearing appeals filed by the constable against a September 18, 2023 order of the High Court of Jammu and Kashmir and Ladakh.
The high court dismissed his pleas for FIR against the police personnel, transfer of probe to the CBI and quashing of the FIR filed against him.
The police constable was posted at the district police headquarters, Baramulla, at the time of the alleged incident.
It noted on February 17, 2023, the appellant received a signal from the deputy superintendent of police, Kupwara, directing him to report to the office of the senior superintendent of police on February 20 over an inquiry of a narcotics matter.
The appellant claimed as he reached the office of the senior superintendent of police, he was detained and subjected to brutal custodial torture for six days.
He said he was later shifted to a hospital in a comatose condition.
The appellant said while he was being treated at the hospital, on February 26, 2023, an FIR was registered against him for the alleged offence of attempt to suicide.
His wife was stated to have approached the police for an FIR for custodial torture but no action was taken.
In his plea for FIR, the high court directed a detailed preliminary inquiry by the senior superintendent of police followed by an FIR if his claims were substantiated.
The apex court highlighted the presence of horrific injuries as indicated in the constable’s medical records.
“The nature of custodial violence, where the victim is completely at the mercy of state authorities, demands immediate registration of an FIR being a constitutional mandate required to preserve evidence, protect witnesses, and ensure that the institutional machinery does not get time and opportunity to fabricate defence or destroy incriminating material,” the bench said.
The top court added, “The current scenario, where the accused officers continue to investigate the very person they allegedly tortured, makes a mockery of the criminal justice system and violates the very principle of fairness and transparency.”
