The Central Bureau of Investigation (CBI) has initiated an attempt to murder and wrongful confinement case against a Deputy Superintendent of Police (DSP) and five other police officers in Jammu and Kashmir. This action follows allegations of severe custodial torture inflicted on Khurshid Ahmed Chohan, a fellow police constable. The case has garnered widespread attention due to the involvement of high-ranking police officials and the severity of the allegations.
The alleged incident occurred between February 20 and February 26, 2023, when Chohan, stationed at the District Police Headquarters in Baramulla, was reportedly subjected to extreme custodial violence and illegal detention. The CBI's decision to file the case comes after a directive from the Supreme Court, which ordered the agency to investigate the matter and file an FIR against the accused officers. The court also awarded a compensation of Rs 50 lakh to Chohan, acknowledging the gravity of the situation.
Supreme Court's Directive and Medical Evidence
The CBI's FIR names DSP Aijaz Ahmad Naiko, along with Riyaz Ahmad, Jahangir Ahmad, Imtiyaz Ahmad, Mohammed Younis, and Shakir Ahmad, as the accused. The charges include attempt to murder, criminal conspiracy, voluntarily causing hurt, voluntarily causing grievous hurt by dangerous weapon or means, and wrongful confinement for three or more days. The federal agency has entrusted the investigation to a Special Investigation Team (SIT) to ensure a thorough and impartial probe.
The Supreme Court's judgment, delivered by Justices Vikram Nath and Sandeep Mehta, described the case as one of "unprecedented gravity." The court highlighted the severe injuries sustained by Chohan, including complete mutilation of his genitalia, the use of pepper powder and electric shocks on private parts, and injuries consistent with custodial torture techniques. The court found the state's claim of attempted suicide to be "medically impossible," dismissing it as a fabricated narrative aimed at protecting the perpetrators.
The medical evidence presented in court was damning. Chohan's medical records from the Sher-i-Kashmir Institute of Medical Sciences (SKIMS) detailed the extent of his injuries, including the surgical removal of both testicles, scrotal lacerations, bruises on the buttocks, fractures, and the presence of vegetative particles in his rectum. These injuries were deemed medically impossible to be self-inflicted, further undermining the state's suicide theory.
Compensation and Systemic Reforms
The court's decision to award Rs 50 lakh in compensation to Chohan is a significant step towards providing justice to victims of custodial torture. The bench emphasized that such compensation should serve as a balm to the victim, without prejudice to other legal remedies. The court also criticized the High Court for failing to exercise its writ jurisdiction and for not applying the mandatory principles laid down in the Lalita Kumari case.
The court has directed the CBI to submit a status report by November 10, 2025, and has mandated the arrest of the accused officers within a month. The investigation is to be completed within three months from the date of FIR registration.
This case is not an isolated incident. Custodial torture has been a persistent issue in India, with several high-profile cases highlighting the need for systemic reforms. In 2019, the custodial deaths of Jayaraj and Bennix in Tamil Nadu sparked nationwide outrage and led to calls for police reform. The father-son duo was allegedly tortured to death by police officers, leading to widespread protests and demands for accountability.
