Kiran Raj

The Supreme Court of India Division Bench of Justice Vikram Nath and Justice Sandeep Mehta held that the nature and extent of custodial torture inflicted upon the appellant constituted the gravest violations of Article 21 of the Constitution. The Court quashed the FIR registered against the appellant and ordered that a fresh investigation be undertaken by the Central Bureau of Investigation. It further directed the Union Territory of Jammu and Kashmir to pay interim compensation of Rs. 50,00,000 to the appellant, recoverable from officials found guilty after investigation. The judgment was delivered in response to an appeal against the refusal by the High Court to order registration of an FIR and transfer of investigation to the CBI concerning alleged custodial violence.

The Court categorically directed that the Director, CBI register a Regular Case (RC) based on the appellant’s wife’s complaint dated 1st March 2023 and accompanying medical records. It held that the High Court had erred in not applying the settled legal principles mandating registration of FIR in cognizable offences and noted that assigning the enquiry to the very officer under whose command the alleged incident occurred constituted a serious breach of natural justice. The Supreme Court allowed the appeals, quashed the impugned judgment, and fixed a compliance date of 17 November 2025.

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The appellant, a police constable posted at District Police Headquarters, Baramulla, Jammu and Kashmir, was summoned on 17 February 2023 by signal from the Deputy Superintendent of Police, Kupwara. He was asked to report to the office of the Senior Superintendent of Police, Kupwara, on 20 February 2023 in connection with an enquiry into a narcotics matter. The appellant alleged that upon reporting, he was detained at the Joint Interrogation Centre (JIC), Kupwara, where he was subjected to brutal custodial torture for six days. He claimed that his genital organs were amputated, pepper was applied to his private parts, and he was administered electric shocks resulting in a fractured foot. On 26 February 2023, he was transferred from District Hospital, Kupwara to Sher-i-Kashmir Institute of Medical Sciences (SKIMS), Soura-Srinagar, in a comatose condition. His testicles were brought in a plastic bag by a Sub-Inspector accompanying him.

On the same day, FIR No. 32 of 2023 under Section 309 of IPC (attempt to suicide) was registered against the appellant by the In-Charge of Police Post Tad, Karnah, stating that the appellant had inflicted self-harm using a shaving blade. The FIR reported that he attempted suicide by cutting his vein while lying in a blanket at the JIC, and was hospitalized thereafter.

Following this, the appellant’s wife submitted a written complaint on 1 March 2023 to the Station House Officer (SHO), Kupwara, alleging brutal custodial torture and requesting registration of an FIR. No action was taken. On 2 March 2023, a legal notice was served upon the Deputy Inspector General of Police and other senior officials. Despite these efforts, no FIR was registered against the officials.

Aggrieved by the inaction, the appellant filed a writ petition under Article 226 of the Constitution before the High Court of Jammu & Kashmir. He sought directions to register an FIR based on the complaint, formation of a Special Investigation Team led by a gazetted officer, or alternatively, referral of the case to the CBI. Simultaneously, a petition under Section 482 of CrPC was filed seeking quashing of FIR No. 32 of 2023 on the grounds that it was manifestly mala fide.

On 18 September 2023, the High Court disposed of the writ and miscellaneous petitions by directing a preliminary enquiry by the Senior Superintendent of Police, Kupwara. The High Court declined to quash the FIR, citing that the investigation was at a nascent stage. It allowed continuation of the investigation in FIR No. 32 of 2023.

The appellant challenged this order before the Supreme Court, contending that the High Court had failed to appreciate the gravity of custodial torture and did not comply with the mandatory requirement to register an FIR where cognizable offences are disclosed.

The appellant’s counsel submitted that FIR No. 17 of 2023, which allegedly justified the appellant’s detention, was registered only on 23 February 2023, three days after he was already in custody. Medical records from SKIMS showed injuries including castration, bruising, and fractures that were inconsistent with attempted suicide. The appellant’s wife had to seek medical records through RTI due to non-cooperation from authorities.

It was further argued that FIR No. 32 of 2023 was registered to create a false narrative of suicide and to protect the accused police personnel. The counsel invoked Section 115 of the Mental Healthcare Act, 2017, which presumes severe stress in cases of attempted suicide and precludes criminal prosecution under Section 309 IPC. Reliance was placed on Navtej Singh Johar v. Union of India to argue that prosecution under Section 309 IPC is inconsistent with current constitutional jurisprudence.

The respondents contended that the appellant inflicted injuries on himself using a blade accessed from the bathroom and that the CCTV footage showed him walking normally till 9:00 am on 26 February 2023. DNA evidence matched blood on the razor blade to the appellant. They claimed the appellant was not in custody but stayed voluntarily at JIC for convenience. The registration of FIR No. 17 of 2023 was attributed to evidence emerging during interrogation in FIR No. 01 of 2023 under NDPS and UAPA.

The State argued that Section 115 of the Mental Healthcare Act does not apply as there was no evidence of mental distress prior to 26 February 2023. It opposed transfer to CBI, stating a preliminary enquiry had been completed and no bias existed.

The Supreme Court stated: "It is undisputed that the appellant... was summoned for an inquiry concerning alleged violations under the NDPS Act... between 20th February and 26th February, 2023, the appellant sustained numerous injuries including castration of his genital regions..."

Referring to medical records, the Court noted: "The medical documents issued from SKIMS... include complete mutilation of genitalia with both testicles removed, a 10 cm x 5 cm laceration on the scrotum, tenderness on palms and feet, bruises on buttocks extending to thighs, multiple vegetative particles in the rectum, and fractures throughout the body."

On the applicability of the Lalita Kumari precedent, the Court observed: "The allegations made by the appellant and his wife unequivocally disclose the commission of cognizable offences... registration of FIR not merely advisable but mandatory under the Lalita Kumari framework."

It stated: "Allowing a preliminary inquiry in such cases would enable institutional cover-up and defeat the very purpose of criminal law..."

Criticising the High Court’s direction for enquiry by the same officer under whose authority the alleged torture occurred, the Bench held: "This direction constitutes a flagrant violation of the fundamental principles of natural justice encapsulated in the Latin maxim 'nemo judex in causa sua'."

The Court found the suicide theory implausible: "These injuries are medically impossible to be self-inflicted... the presence of vegetative particles in the rectum... rules out the theory of self-infliction..."

Addressing the need for a CBI investigation, the Court stated: "This is not merely a case of investigative error... it is a calculated effort to fabricate charges, distort the narrative, and shield the real perpetrators of custodial torture."

The Court further recorded: "Only investigation by an independent agency, i.e., CBI can restore public faith... and guarantee that the truth emerges without any institutional bias or cover-up attempts."

On quashing FIR No. 32 of 2023, the Court stated: "The FIR states that the appellant tried to cut his vein with a blade, however, the medical records... reveal that the injuries are much graver..."

Citing State of Haryana v. Bhajan Lal, the Court noted: "The registration of FIR No. 32 of 2023... constitutes a classic example of institutional abuse and perversion of criminal justice machinery..."

On compensation, it stated: "The violation of Article 21 is not only evident but egregious... The appellant... suffered life-debilitating injuries... no effective redress was provided."

The Bench concluded: "The majesty of law demands nothing less than complete independence and impartiality in investigating crimes that shock the conscience of society and violate... Article 21..."

The Court directed: "The Director, CBI, shall forthwith direct registration of a RC in relation to the incidents of custodial violence and illegal detention of the appellant at the Joint Interrogation Centre, Kupwara during the period from 20th February, 2023 to 26th February, 2023, under relevant provisions of the penal statutes, based on the complaint filed by the appellant’s wife dated 1st March, 2023 and the medical evidence on record. The RC shall be registered within 7 days of this order."

It was further directed: "The entire material collected in enquiry conducted so far, including all related documents, medical records, CCTV footage, forensic evidence, and case diary, shall be immediately handed over to the competent officer of the CBI. The Director, CBI, shall constitute a Special Investigation Team headed by an officer not below the rank of Superintendent of Police to investigate this matter. The police officials found responsible for the custodial torture shall be arrested forthwith and not later than a period of one month from today. The investigation shall be completed within 90 days of the date of registration of the RC."

The Court ordered: "The CBI shall also conduct a comprehensive inquiry into the systemic issues at the Joint Interrogation Centre, Kupwara, including examination of all CCTV systems, interrogation from all personnel present during the relevant period, forensic examination of the premises, and review of all protocols and procedures followed for detention and interrogation of suspects."

The Bench stated: "FIR No. 32 of 2023, registered against the appellant under Section 309 of the IPC at Police Station Kupwara, is hereby quashed being prima facie fabricated as, in our considered view, the same was registered with mala fide intent to shield the guilty officers and prejudice the rights of the appellant."

It was also directed: "We hereby direct the Union Territory of Jammu & Kashmir to pay compensation of Rs.50,00,000/- (Rupees Fifty Lakhs) to the appellant (victim). The said amount shall be recoverable from the officer(s) concerned against whom a departmental proceeding shall be initiated upon conclusion of the investigation by the CBI."

The Court specified: "The CBI shall submit its status report to this Court by 10th November, 2025."

Lastly, the Court recorded: "At the outset, we deem it necessary to clarify that the observations made herein concerning the investigation into the allegations of custodial torture are strictly limited to the adjudication of the appellant’s case and the impugned proceedings under consideration. Nothing contained in this order shall be construed as expressing any opinion on the merits of any other prosecution, and it is expressly provided that any proceedings arising therefrom shall go on independently and uninfluenced by the present findings, in accordance with law."

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"In view of the above discussion, the impugned judgment dated 18th September, 2023, passed by the learned Single Bench of the High Court of Jammu & Kashmir and Ladakh at Srinagar in Criminal Miscellaneous Petition No. 111 of 2023 connected with Writ Petition (Civil) No. 592 of 2023, rejecting the appellant’s prayer for transfer of investigation to the CBI, is hereby quashed and set aside."

"The present appeals are, accordingly, allowed."

"Any pending application(s), if any, stand disposed of accordingly."

"List again on 17th November, 2025, for receiving the status report."

Advocates Representing the Parties:

For Petitioner(s): Mr. Anand Grover, Sr. Adv.; Mr. Fuzail Ahmad Ayyubi, AOR; Mr. Ibad Mushtaq, Adv.; Ms. Akanksha Rai, Adv.; Ms. Gurneet Kaur, Adv.

For Respondent(s): Mr. Shailesh Madiyal, Sr. A.A.G.; Mr. Parth Awasthi, Adv.; Mr. Pashupathi Nath Razdan, AOR.

Case Title: Khursheed Ahmad Chohan v. Union Territory of Jammu and Kashmir & Ors.

Neutral Citation: 2025 INSC 876

Case Number: Criminal Appeal @ SLP (Crl.) No. 13751-13752 of 2023

Bench: Justice Vikram Nath, Justice Sandeep Mehta