NEW DELHI: In an important judgment reinforcing the constitutional safeguards against custodial torture, 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 Union Territory administration to pay him Rs 50 lakh as compensation.
"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 50,00,000/- (Rupees Fifty Lakhs) to the appellant (victim), Khursheed Ahmed Chauhan.
The said amount shall be recoverable from the officer(s) concerned, against whom departmental proceedings shall be initiated upon conclusion of the investigation by the CBI. The CBI shall submit its status report by November 10, 2025, to this court," said the apex court.
"The injuries caused to the constable during his illegal detention, particularly the complete mutilation of his genitalia, the use of pepper/chilly powder, and electric shocks on his private parts, are 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 two-judge bench of the top court, headed by Justice Vikram Nath and Justice Sandeep Mehta, observed.
The court, in its 58-page judgment (a copy of which was accessed by TNIE), stated that the violation of Article 21 of the Constitution is not only evident but egregious.
While directing the immediate arrest of the J&K police officers responsible for the abuse, the court added that Chauhan had suffered gross violations of his fundamental rights.
"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 court said.
Delving into the extent of torture meted out to Chauhan, the court stated that where the right to life and personal liberty under Article 21 of the Constitution is violated by State machinery, appropriate monetary compensation may be an effective remedy.
The court reached the conclusion to provide Rs 50 lakh in compensation to Chauhan and ordered a CBI probe after relying on various case precedents, including D.K. Basu vs. State of West Bengal (1997) and Nilabati Behera vs. State of Orissa (1993).
Chauhan, a police constable, had approached the Supreme Court 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 High Court, commenting that after evaluating the present case and the material on record, it found that the High Court had gravely erred in declining to exercise its jurisdiction under Section 482 of the CrPC to quash the FIR and 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 apex court said in its verdict.