J-K High Court Issues Notices to Home Department and Police Over Custodial Torture Case

J-K High Court Issues Notices to Home Department and Police Over Custodial Torture Case

Jammu, September 3, 2025: Justice Vinod Chatterji Koul of the High Court of Jammu and Kashmir and Ladakh has stayed the operation of an FIR registered against two Punjab labourers who alleged custodial torture.

The FIR (No. 0061/2025), dated June 30, was registered at Police Station Basohli under sections 132-221, 352, and 3(5) of the Bharatiya Nyaya Sanhita, 2023, against Sukar Deen, son of Sardari Deen, and Farid Mohammad, son of Rahim Baksh, both residents of Chibber village, Dhar Kalan tehsil, Pathankot, Punjab.

Advocate SS Ahmed, representing the petitioners, requested the quashing of the FIR and compensation of Rs 50 lakh each. He alleged that the labourers were subjected to brutal custodial torture at Atal Setu and later at Police Station Basohli. He claimed the FIR was fabricated to cover up the torture, accusing the labourers of attacking police personnel.

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After hearing the arguments, Justice Koul issued notices to:

Principal Secretary, Home Department

Director General of Police, Jammu and Kashmir

Inspector General of Police, Jammu Zone

SSP Kathua

SHO Basohli

The notices are returnable within four weeks, and the FIR has been stayed until the next hearing.

The petition cited an order by the Munsiff/JMIC Basohli dated June 30, 2025, which had declined police remand, noting that the accused were arrested at 2 a.m. and that Supreme Court guidelines in D.K. Basu v. State of West Bengal were not followed. The JMIC also observed that medical reports indicated injuries consistent with custodial beating, making the accused unfit for police custody, and thus remanded them to judicial custody.

The petition also included photographs of the alleged injuries, treatment records from Civil Hospital Pathankot, and corroboration from SDH Basohli.

The High Court has listed the matter for further hearing on October 18, 2025. ….KNT