SC directs CBI probe into custodial torture, castration of J&K police constable; awards Rs 50 lakh compensation
The Supreme Court has ordered the CBI to register an FIR in a case of custodial torture and castration of a police constable in Jammu and Kashmir and directed the UT administration to pay him Rs 50 lakh as compensation to bring some solace to the victim and his family for the barbaric acts.
A bench of Justices Vikram Nath and Sandeep Mehta said 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 added.
One Khursheed Ahmed Chohan challenged validity of September 18, 2023 judgment of J&K and Ladakh High Court, which dismissed his plea seeking registration of the FIR against the police personnel; transfer of the investigation to CBI; and quashing of the FIR filed against him.
He alleged on February 20, 2023, in connection with an enquiry related to a narcotics matter, he was asked to reach the Kupwara SSP office, wherein, he was detained at Joint Interrogation Centre and subjected to brutal custodial torture for six consecutive days. His genital organs and testicles were amputated. Pepper was sprinkled on his private parts, and he was given electric shocks which led to a fracture of his foot.
Subsequently, an FIR of attempt to suicide was lodged against him.
After hearing the counsel and going through medical records, the bench said, these facts, standing alone and uncontroverted, establish a prima facie case of the most heinous form of custodial torture and the total apathy of the local police officials in taking action against the perpetrators of custodial violence.
"The failure of local police authorities to register an FIR despite clear disclosure of cognizable offences supported by compelling medical evidence constitutes a direct violation of the appellant’s fundamental rights under Articles 14 and 21 of the Constitution of India," the bench held.
It further said the High Court committed a grave error in law by failing to exercise the writ jurisdiction and in refusing to apply the mandatory principles laid down by the Constitution Bench in Lalita Kumari case.
"The unprecedented gravity of this case involving brutal and inhuman custodial torture, characterised by the complete mutilation of the appellant’s genitalia, represents one of the most barbaric instances of police atrocity which the State is trying to defend and cover up with all pervasive power," the bench said while holding the respondent’s theory of suicide attempt crumbles under scrutiny when examined against the timeline and the medical evidence.
It said, the respondent’s narrative reveals a disturbing pattern of systematic cover-up and abuse of authority that further strengthens the appellant’s claim for CBI investigation. Thus, the supreme court's bench said, "The High Court grossly erred in failing to exercise its constitutional obligation of protecting the fundamental rights of a citizen, his dignity and right to life. It failed to consider the gravity of offences committed as well as the influence that could be exerted by accused persons being police officials. There was a clear requirement and a constitutional mandate to refer the matter to the CBI for investigation."
Court thus viewed that the transfer of investigation to the CBI becomes not merely advisable but constitutionally imperative to ensure justice and uphold the rule of law.
It has also clarified the compensation is without prejudice to the appellant’s right to pursue further remedies for additional compensation before appropriate forum. "The State Government shall be under an obligation to recover the said amount from the officials found guilty upon completion of the investigation/disciplinary proceedings," the bench added.
CBI Director has been asked to forthwith register a case, form an SIT and arrest the police officers responsible for custodial torture. It has directed the agency to submit its status report by November 10, 2025.
Case Title: Khursheed Ahmad Chohan vs. Union of Territory of Jammu & Kashmir & Ors Etc
Judgment Date: July 21, 2025
Bench: Justices Vikram Nath and Sandeep Mehta