Khursheed Ahmad Chohan vs Union of Territory of Jammu and Kashmir and Ors. Etc.

21 – High Court’s approach, by treating this as a case requiring a preliminary inquiry rather than immediate registration of FIR, demonstrates a complete misunderstanding of the settled legal position and resulted in the denial of justice to the appellant who is the victim of custodial torture – Considering the unprecedented gravity of the custodial torture, the systematic cover-up orchestrated by local police machinery, institutional bias demonstrated in the handling of the complaint, and the complete failure of local authorities to conduct a fair investigation and the unrelenting stand taken by the State, transfer of investigation to CBI directed – By directing the SSP, who summoned the appellant, just to conduct an enquiry at such a belated stage, combined with the pendency of NDPS cases, creates a conflict of interest, making it impossible for any fair investigation to be conducted at the local level – Only investigation by an independent agency-CBI can restore public faith in the criminal justice system, ensure that this dehumanising crime does not go unpunished, and guarantee that the truth emerges without any institutional bias or cover-up attempts – Majesty of law demands nothing less than complete independence and impartiality in investigating such crimes – Hence, transfer of investigation to CBI becomes not merely advisable but constitutionally imperative to ensure justice and uphold the rule of law – Compensation awarded to the appellant – Impugned judgment quashed and set aside. [Paras 11-14, 27, 38]

Code of Criminal Procedure, 1973 – s.482 – Victim-police personnel subjected to brutal and inhuman custodial torture leading to complete castration and illegal detention, on reporting to the office of Senior Superintendent of Police in connection with an enquiry related to a narcotics matter – FIR against police officials not registered – Subsequently, police officials maliciously registered FIR against appellant-victim u/s.309 IPC – Writ petition by the victim seeking quashing of the FIR registered against him u/s.309 dismissed – FIR registered against the victim u/s.309 IPC, if should be quashed as being manifestly mala fide and constituting an abuse of the process of law:

Held: Perusal of the contents of FIR reflect that the allegations made were vague and manifestly contradictory to the established medical evidence – Stark disparity between the trivial description of ‘cutting his vein’ in the FIR and the barbaric reality of complete castration and systematic torture exposes the mala fide intent behind registering this counter FIR – Transformation of a torture victim into an accused through a concocted theory of attempted suicide, based on manifestly implausible medical opinion and glaring procedural violations, reflects institutional malice of the highest order – Timing and manner of registration of this FIR, which was a sequel to the torture incident and in complete disregard of nature, number and location of injuries caused to the victim, demonstrates that it was conceived as a pre-emptive defense mechanism rather than a genuine police action based on a truthful investigation – Not merely a case of investigative error or overreach, it is a calculated effort to fabricate charges, distort the narrative, and shield the real perpetrators of crime of custodial torture – Use of State machinery to invert the roles of victim and offender represents a grave subversion of the criminal process and compels the intervention of this Court to prevent the miscarriage of justice – High Court gravely erred in declining to exercise its jurisdiction u/s.482 to quash FIR – Faced with a clear abuse of process, where a custodial torture victim is falsely implicated to shield the perpetrators, the High Court was duty bound to intervene – FIR against appellant u/s.309 IPC quashed. [Paras 31-33]

Compensation – Award of, to victim of brutal and inhuman custodial torture leading to complete castration: Held: Where fundamental rights, particularly the right to life and personal liberty u/Art.21 are violated by State machinery, appropriate monetary compensation may be an effective remedy – On facts, injuries caused to the appellant during his illegal detention, particularly the complete mutilation of his genitalia, use of pepper/chilly powder and electric shocks on his genitalia, are grave inhuman torture meted out to the victim while detaining him illegally – Cumulative effect of all these facts deeply shocking to the conscience of this Court – Considering the gravity and magnitude of the custodial torture established through medical records and institutional apathy that followed, fit case for awarding compensation to the victim – Violation of Art.21 not only evident but egregious – Victim-police constable himself, suffered life-debilitating injuries while in custody of fellow state actors, and despite repeated complaints, no effective redress was provided – In discharge of the Court’s duty to uphold constitutional protections, the State directed to pay interim compensation of Rupees Fifty Lakhs to the victim, without prejudice to the victim’s right to pursue further remedies for additional compensation before appropriate forum – State Government to recover the said amount from the officials found guilty upon completion of the investigation/disciplinary proceedings – Constitution of India – Art.21. [Paras 34, 36, 37]