Kathua CJM directs SSP to register FIR in ‘custodial torture’ case

The Chief Judicial Magistrate (CJM) Kathua, Ajay Kumar, has directed the Senior Superintendent of Police (SSP) Kathua to register an FIR at Basohli in the widely reported case of alleged custodial torture of two Punjab labourers. The FIR is to be lodged under the relevant provisions of law, and the case must be investigated thoroughly by an experienced police officer.

The direction came while disposing of an application filed by the complainants — Sukar Deen and Fareed Mohammad, both residents of Pathankot — who alleged brutal torture at the hands of officials from Basohli Police at the Atal Setu bridge.

The CJM also forwarded a copy of his 25-page order to the SSP Kathua for compliance and directed that a report on the action taken be submitted to the court within one week.

After hearing the arguments, the CJM observed that the case involved serious allegations of custodial violence, and as per settled law, it is mandatory for the police to register an FIR.

The court noted that the action taken report submitted by the police suggested that an inquiry officer had conducted an investigation and given a clean chit to the personnel involved. However, the CJM remarked that investigation can only be conducted after the registration of an FIR, and the “clean chit” had no legal standing at this stage.

The CJM emphasised that the claim of innocence by the police cannot be accepted at this preliminary stage. Referring to the landmark Lalita Kumari judgment by the Supreme Court, the court reiterated that, “The registration of an FIR is mandatory under Section 154 of the CrPC if the information discloses the commission of a cognizable offence, and no preliminary enquiry is permissible in such a situation.”

While directing the registration of an FIR, the CJM clarified that the court is not naming any specific police officer or official against whom the FIR must be filed. Instead, the SSP Kathua has been directed to entrust the investigation to an experienced and independent officer.

According to the complainants, on the night of June 29 this year, while they were walking near the Atal Setu bridge, they were allegedly stopped by a police team led by SDPO Basohli, Suresh Kumar, along with other personnel. They were later subjected to third-degree torture, following which they were booked under Sections 132, 221, 352, and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 at Police Station Basohli.