In a landmark judgment invoking its extraordinary powers under Article 136 read with Article 142 of the Constitution, the Supreme Court of India has ordered a Central Bureau of Investigation (CBI) probe into the alleged custodial torture and illegal detention of a man at the Joint Interrogation Centre in Kupwara, Jammu & Kashmir.
The court directed the Director of CBI to immediately register a Regular Case (RC) concerning the incidents of custodial violence and unlawful detention that took place between 20th February 2023 and 26th February 2023, based on a complaint filed by the appellant’s wife on 1st March 2023, supported by medical evidence. The RC must be registered within seven days of the order.
Special SIT to Be Formed
The apex court instructed that the entire investigation material, including CCTV footage, medical records, forensic evidence, and case diary, be handed over to the CBI. A Special Investigation Team (SIT) led by an officer not below the rank of Superintendent of Police will investigate the matter.
Police officers found responsible for the custodial torture are to be arrested within one month, and the investigation must be completed within 90 days of RC registration.
Systemic Probe into Kupwara Interrogation Centre
In a wider directive, the CBI has also been tasked with conducting a comprehensive inquiry into systemic issues at the Kupwara Joint Interrogation Centre. This includes examining CCTV systems, interrogating involved personnel, conducting forensic inspection of the premises, and reviewing protocols and procedures used for detention and interrogation.
FIR Quashed, Labeled Fabricated
Further, the court quashed FIR No. 32 of 2023 filed against the appellant under Section 309 of the IPC (attempt to commit suicide), terming it prima facie fabricated. The FIR was allegedly filed with mala fide intent to protect the culpable officers and violate the appellant’s rights.
₹50 Lakh Compensation for Custodial Castration
In a strong statement against custodial abuse, the Supreme Court awarded ₹50,00,000 as compensation to the appellant for the “barbaric acts of custodial torture leading to complete castration.” The Union Territory of Jammu & Kashmir has been directed to disburse this amount, which is to be recovered from the concerned officers after the conclusion of the CBI investigation and subsequent departmental proceedings.
Next Steps
The CBI has been asked to submit its status report on the investigation and proceedings as per the directions of the court.
This judgment is being hailed as a strong message against custodial violence and a reinforcement of constitutional safeguards for the protection of fundamental rights.
Case Details
Case Title: KHURSHEED AHMAD CHOHAN VERSUS UNION OF TERRITORY OF JAMMU AND KASHMIR & ORS.
Case No.: SLP Nos.13751-13752/2023
Date: 21-07-2025
Counsel For Petitioner: Anand Grover, Sr. Adv.
Counsel For Respondent: Shailesh Madiyal, Sr. A.A.G.
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