Special magistrate directs police to submit ATR in ‘custodial torture’ case

Special Mobile Magistrate, Kathua, Amandeep Kour, has directed Station House Officer (SHO), Billawar, to submit Action Taken Report (ATR) in two complaints seeking registration of FIR in the alleged custodial torture of Makhan Din of Billawar, who committed suicide early this month.

One complaint was filed by father and widow of the deceased Makhan Din while the second was filed by Advocates Mohd Anwar Chowdhary and Sheikh Shakeel Ahmed. Both complaints have been filed through Advocate Appu Singh Salathia.

When these two complaints came up for hearing before Special Mobile Magistrate, Salathia appearing for the complainants submitted that despite approaching SHO, Billawar, and SSP, Kathua, the FIR into the custodial torture of Makhan Din was not registered even though prima facie cognizable offences are made out against the accused and this compelled the complainants to invoke the jurisdiction of this court under Section 175(3) BNSS, 2023.

Salathia submitted that 26-year-old youth Makhan Din along with his father Mohd Mureed were allegedly subjected to third degree torture while they were in custody of Billawar police. Slathia further submitted that on February 4, 2025, two police officials, namely Mohd Shafi and Lucky, on the directions of their senior officers allegedly tortured Makhan Din and his father Mohd Mureed throughout the night in order to compel them to make statements for having links with the militants/subversive activities.

Salathia further submitted that the video deposition of Makhan Din was sufficient for the registration of the FIR “but despite his dying declaration, the Billawar police miserably failed to register the case and under these circumstances the present two complaints have been filed”.

She further prayed before the Court that this is a fit case for issuing directions to the Billawar police to register FIR in the matter as prima facie commission of cognizable offences are made out.

After considering the detailed arguments, the Special Mobile Magistrate, directed Billawar SHO to file Action Taken Report in the matter before the next date of hearing on March 4.