Probe custodial torture of J&K cop, arrest culprits, SC tells CBI
Monday directed CBI to take over the case and immediately arrest the culprits.
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It also directed the Union territory govt to pay Rs 50 lakh as compensation to the victim.
A bench of Justices Vikram Nath and Sandeep Mehta said the way in which the constable was tortured for six days in 2023 had shocked the conscience of the court and expressed lack of confidence in the UT police conducting an impartial probe, given that they tried to shield the perpetrators of the offence by naming the victim as an accused.
"The 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 reminders of the inhuman torture meted out to the appellant while detaining him illegally. The cumulative effect of all these facts is deeply shocking to the conscience of this court," the bench said.
"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 CBI.
The director, CBI, shall constitute a SIT 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," SC ordered.
The court said the case was a classic example of institutional abuse and perversion of the criminal justice machinery to shield the perpetrators while victimising the complainant.
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It said the 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, reflected institutional malice of the highest order.
"This is 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. The use of state machinery to invert the roles of victim and offender represents a grave subversion of the criminal process," it held. "... We hereby direct the UT of J&K to pay compensation of Rs 50 lakh to the appellant. 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 CBI.
CBI shall submit its status report to this court by Nov 10."
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