NEW DELHI: The Supreme Court on Monday directed the CBI to register an FIR over the "brutal and inhuman custodial torture" including castration 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 delivered the significant judgement reinforcing the Constitutional safeguards against custodial torture on a plea filed by Khursheed Ahmed Chauhan.
"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," the bench said.
The court clarified the said amount shall be recoverable from the officers concerned against whom a departmental proceeding shall be initiated upon conclusion of the investigation by the CBI.
The bench held where fundamental rights, particularly the right to life and personal liberty under Article 21 of the Constitution are violated by State machinery, appropriate monetary compensation may be an effective remedy. "Such compensation must focus on the compensatory element and serve as a balm to the victim, without prejudice to other remedies in civil or criminal law," the bench said.
The court emphasised the police have no discretion in the matter of registration of an FIR once alleged facts disclose commission of cognizable offences. It opined allowing preliminary inquiry, particularly in matters involving custodial violence, would enable institutional cover-up and defeat the very purpose of criminal law, designed to protect citizens from state excesses.
The CBI shall submit its status report by November 10, 2025 to this court, the court directed.
The court noted 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.
The court held that the violation of Article 21 of the Constitution in the case is not only evident but egregious.
The court also directed for immediate arrest of the police officers of the J&K police who were responsible for the abuse and gross violation of fundamental rights of the appellant.
"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 bench said.
The court opined that 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 effe remedy.
The court relied upon D K Basu Vs State of West Bengal (1997) and Nilabati Behera Vs State of Orissa (1993).
Chauhan, a police constable, filed an appeal against the Jammu and Kashmir High Court's refusal to quash the FIR registered against him under Section 309 of the Indian Penal Code (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 Kupwara.
The top court came down heavily on the Jammu and Kashmir HC, as it commented that upon evaluating the present case and the material on record.
"We find that the HC gravely erred in declining to exercise its jurisdiction under Section 482 of the CrPC to quash the and the proceedings arising therefrom. Faced with a clear abuse of process, where a custodial torture victim is falsely implicated to shield the perpetrators, the High Court was duty-bound to intervene," the bench said.
In examining the plea by an aggrieved person seeking transfer of investigation to the CBI, the court must necessarily be guided by the strict parameters laid down in binding precedents, the bench said.
The court explained these included, inter alia, instances where the State police authorities appear to be biased or complicit, where the investigation has been tainted by delay, irregularity, suppression of material facts, or where the complexity and inter-State ramifications of the matter necessitate the involvement of a central agency.
In the case, the bench directed the CBI to complete its probe within three months from the date of FIR registration.
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