Apex court orders CBI investigation into J&K custodial torture death

The Supreme Court ‘on Monday ordered the Central Bureau of Investigation (CBI) to take over the probe into the brutal torture of a Jammu & Kashmir police constable at the joint interrogation centre (JIC) in Kupwara, directing the arrest of the guilty police officers, and awarding a compensation of ₹50 lakh to the victim.

- Utkarsh Anand

A bench of Justices Vikram Nath and Sandeep Mehta said the local police demonstrated “complete institutional failure” by illegally detaining Khursheed Ahmad Chohan (45), subjecting him to “barbaric and systematic torture resulting in permanent mutilation”, and then fabricating counter-narratives to shield the perpetrators.

The court said it was constitutionally imperative to hand the investigation to CBI, as only an independent probe could ensure justice and restore public faith in the system.

“The majesty of law demands nothing less than complete independence and impartiality in investigating crimes that shock the conscience of society and violate the most fundamental principles of human dignity enshrined in Article 21 of the Constitution,” noted the bench, holding that the state's narrative was a “calculated effort to fabricate charges, distort the narrative and shield the real perpetrators of custodial torture.”

The apex court directed the CBI Director to constitute a Special Investigation Team (SIT) to investigate the entire episode of torture that allegedly took place between February 20 and 26, 2023, and submit a status report by November 10.