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The Wire
7 hours ago
- The Wire
'Systematic Cover-Up': Supreme Court Order on J&K Police's Custodial Torture Bares Extent of Cruelty
Srinagar: A landmark judgement by the Supreme Court on July 21 marked the end of nearly 30-month long legal battle for the wife of a Jammu and Kashmir police constable who was allegedly tortured in custody at an interrogation centre in Kupwara in the winter of 2023. A bench of Justices Vikram Nath and Sandeep Mehta ordered a 90-day probe by the Central Bureau of Investigation (CBI) into the incident while directing the CBI to arrest the accused police officials within a month. The court said that the probe by Kupwara district police into the torture allegations under its jurisdiction 'reveals a disturbing pattern of systematic cover-up' and 'abuse of authority'. The bench ordered the J&K administration to pay Rs 50 lakh as compensation to the victim to be recovered from the salaries of accused officials. 'The unprecedented gravity of this case involving brutal and inhuman custodial torture, characterised by the complete mutilation of the appellant's genitalia, represents one of the most barbaric instances of police atrocity which the state is trying to defend and cover up with all pervasive power,' the SC said on Monday. It added: "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 and compels the intervention of this court to prevent the miscarriage of justice'. 'Suicide' The case dates back to February 20, 2023 when Khursheed Ahmad Chohan, who was posted as a constable in Baramulla district police lines, reported at the office of the senior superintendent of police (Kupwara) in connection with a narcotics case after being summoned by a deputy superintendent of police. Chohan's counsel told the apex court that he was held at the Joint Interrogation Centre (JIC) in Kupwara and allegedly tortured for six days due to which he slipped into a coma and the Kupwara police, instead of acting against the alleged perpetrators, booked him under section 309 (abetment to suicide) of Indian Penal Code on February 26, 2023. A First Information Report (FIR) filed on the same day by the Kupwara police stated that Chohan had suffered a self-inflicted wound when he 'tried to cut his vein with a blade'. Despite repeated pleas, authorities refused to share Chohan's medical examination report with his family, prompting a Right to Information Act (RTI) query by Rubina Akhtar, his wife. This RTI changed the course of the legal battle. Medical report changes case Chohan's medical report, obtained through the RTI, from Sher-e-Kashmir Institute of Medical Science (SKIMS) in Srinagar where he was treated, revealed significant details about the nature of his injuries. According to the report, Chohan had suffered 'laceration on the scrotum with both testicles surgically removed, bruises on the buttocks extending to the thighs, tenderness on the palms and soles indicative of blunt trauma, the presence of vegetative particles in the rectum and multiple fractures'. Punching holes in the police FIR, the apex court observed that it was 'foolhardy to suggest that a rational person would subject himself to complete genital mutilation and cause injuries at inaccessible body parts so as to avoid questioning in a drug case'. 'The medical evidence conclusively establishes that such injuries are impossible to be self-inflicted. The respondent's theory of suicide attempt crumbles under scrutiny when examined against the timeline and the medical evidence,' the SC bench observed. The dismembered genitalia were brought in a plastic bag to SKIMS along with the victim on February 26, 2023 by a sub-inspector of J&K Police which has 'shock(ed) our conscience', the court observed. 'These facts, standing alone and uncontroverted, establish a prima facie case of the most heinous form of custodial torture and the total apathy of the local police officials in taking action against the perpetrators of custodial violence,' the court said, citing various constitution bench and other SC judgements. 'Cavalier dismissal' The bench was told that the Kupwara police refused to act on a written complaint by Akhtar on 1 March, 2023 and a legal notice on 2 March, which had sought registration of FIR against the perpetrators under Sections 307, 330, 331, 326 and other provisions of the Indian Penal Code. 'This cavalier dismissal of serious allegations of custodial torture demonstrates the institutional bias and predetermined mindset to protect the accused police officers,' the court observed. Chohan's family had later approached the J&K high court seeking registration of the FIR, a CBI probe and quashing of the FIR filed against him. However, his petition was turned down by the court. Instead of ordering the police to file an FIR, the court called for a preliminary inquiry into the matter, prompting Chohan to knock on the door of the apex court last year. Chohan's wife also filed the RTI query to obtain her husband's medical reports while authorities repeatedly denied her '(even the) basic medical records … to suppress evidence of the brutal custodial torture,' Chohan's counsel told the court. The apex court observed that the failure of J&K police to file an FIR 'despite clear disclosure of cognizable offences' constituted a direct violation of the fundamental rights under Articles 14 and 21 of the Constitution of India. 'The High Court grossly erred in failing to exercise its constitutional obligation of protecting the fundamental rights of a citizen, his dignity and right to life. It failed to consider the gravity of offences committed as well as the influence that could be exerted by accused persons being police officials,' the court observed. 'Stark disparity' In its 58-page judgement, the apex court observed that Chohan's medical examination report has shown that his 'injuries are much graver and more extensive than what is depicted in this manifestly fabricated narrative' by the Kupwara police. 'The 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 the FIR,' the apex court observed. Citing the discharge summary (2 March 2023) of Chohan issued by the SKIMS, the court observed that it 'provides unequivocal medical evidence that the appellant underwent an extensive surgical procedure, including 'exploration and repair of corporal bodies with end-to-end anastomosis of urethra, ligation of spermatic cord, repair of scrotal laceration, and debridement of necrotic tissue' for the treatment of his injuries. Citing the Latin maxim ' nemo judex in causa sua ' (no one should be a judge in his own cause), the apex court said that the high court's order of probe by J&K police into the case 'constitutes a flagrant violation of the fundamental principles of natural justice'. 'If the investigation is by an agency which is allegedly privy to the dispute, the credibility of the investigation will be doubted and that will be contrary to the public interest as well as the interest of justice', the SC bench observed. 'Considering the unprecedented gravity of this custodial torture case, the systematic cover-up orchestrated by local police machinery, the 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 respondent State, we are constrained to direct transfer of investigation to the CBI,' the court ruled while ordering quashing of the FIR filed by Kupwara district police against Chohan.
Time of India
17 hours ago
- Time of India
Probe custodial torture of J&K cop, arrest culprits, SC tells CBI
NEW DELHI: Taking strong exception to a J&K police constable being subjected to barbaric torture by his colleagues at Joint Interrogation Centre in Kupwara, and being named as an accused to shield the perpetrators of the crime, Monday directed CBI to take over the case and immediately arrest the culprits. Tired of too many ads? go ad free now 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. Tired of too many ads? go ad free now 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."
United News of India
a day ago
- Business
- United News of India
SC issues notice on PIL seeking display of seller details on consumer goods
New Delhi, Jul 21 (UNI) The Supreme Court today issued notice on a public interest litigation (PIL) seeking enforcement of consumers' 'Right to Know' the identity and details of sellers and intermediaries involved in goods and services. A bench comprising Justice Vikram Nath and Justice Sandeep Mehta sought responses from the Centre and all States within four weeks. The petition highlights that consumers must be informed not only about the quality, quantity, potency, purity, standards, and certification of products, but also the full details of the distributor, dealer, trader, seller, and shop owner to enable effective redressal against unfair trade practices. It invokes Sections 2(6) and 2(9) of the Consumer Protection Act, 2019, read with Article 19 of the Constitution. It seeks directions to the Centre and States to ensure that all sellers display their registration or license details, including name, address, contact number, and employee strength, prominently at the entry gate on a board visible to any ordinary consumer. The petition emphasises that transparency about sellers' identities will deter fraud and misrepresentation, empower consumers to make informed decisions, and ensure accountability. It states, 'Right to Know helps consumers avoid falling prey to fraudulent or deceptive sellers who might misrepresent products or disappear after transactions.' Highlighting the importance of operationalising this right in both offline and online retail environments, the petitioner contends that lack of such information hampers consumers from filing complaints or seeking redressal for poor quality, adulteration, overpricing, or other exploitative practices. The PIL also refers to online marketplace rules mandating disclosure of details of high-volume sellers to ensure consumer safety and market transparency. It submits that consumer rights under Articles 19 and 21 include the right to be informed about the authenticity of sellers and the safety standards of products to protect health, safety, and fair market practices. The matter will now be heard after the Centre and States file their replies. UNI SNG SSP
Time of India
a day ago
- Business
- Time of India
SC seeks Centre, states' reply on PIL for seller transparency, online & offline
The Supreme Court on Monday sought response from the Centre and states on a PIL seeking enforcement of consumers' right to know the identity and credentials of sellers, dealers, distributors and shop owners, both online and offline. This mandatory disclosure was required to seek redressal against unfair restrictive trade practices and unscrupulous exploitation in spirit under the Consumer Protection Act 2019 . Explore courses from Top Institutes in Select a Course Category Data Analytics Artificial Intelligence Digital Marketing PGDM healthcare Data Science Design Thinking Project Management Technology Finance Data Science Healthcare Others MCA Cybersecurity Degree MBA Leadership Management others Public Policy Operations Management Product Management CXO Skills you'll gain: Data Analysis & Visualization Predictive Analytics & Machine Learning Business Intelligence & Data-Driven Decision Making Analytics Strategy & Implementation Duration: 12 Weeks Indian School of Business Applied Business Analytics Starts on Jun 13, 2024 Get Details The Bench comprising Justices Vikram Nath and Sandeep Mehta sought response from the various ministries, the Law Commission of India and all the state governments and Union Territories. The PIL filed by Ashwini Kumar Upadhyay , a practising advocate, has sought a direction to the Centre and states to mandate the display of essential seller information, including registration, address, phone number and number of employees at their entry gates on a display board visible to an ordinary person. He also urged the court to order that that every consumer has right to know not only about the quality, quantity, potency, purity, standard, manufacturing date, expiry date and various certification of good and products, but also about the details of the shop owner, so as to seek redressal against unfair trade practices. Live Events "Right to Know" about distributor, dealer, trader, seller and shop owner was secured under the Consumer Protection Act and, therefore, every consumer has the right to access details of product, service as well as distributor and shop owner before making a purchase, Upadhyay said. This would help consumers to avoid falling prey to fraudulent or deceptive distributors, shop owners, who might misrepresent their product services or disappear after sale, purchase and money transaction, the lawyer said, adding that owner details were essential for filing complaints under Consumer Protection Act and for seeking redressal through consumer redressal fora. According to the PIL, the 'right to know' is rooted in Article 19(1)(a) and forms an essential part of the right to make informed decisions.
Hans India
a day ago
- Business
- Hans India
Supreme Court issues notice on PIL seeking display of detailed info about sellers, service providers
New Delhi: The Supreme Court on Monday issued notices to the Centre, all state governments and union territories administrations on a plea seeking enforcement of consumers' right to detailed information about sellers and service providers. A Bench of Justices Vikram Nath and Sandeep Mehta was hearing a public interest litigation (PIL) filed by advocate Ashwini Kumar Upadhyaya seeking a declaration that every consumer has right to know not only about the quality, quantity, potency, purity, standard, manufacturing as well as expiry date and certification of goods and products, but also about the details of the distributer, dealer, trader, seller and shop owner to seek redressal against unfair trade practices, restrictive trade practices and unscrupulous exploitation. The plea also sought a direction that every distributor, dealer, trader, seller and shop owner display full details of registration or license, including name, address, number of employees and phone number at the entry gate in bold letters on a display board visible to an ordinary person. It said that the 'Right to Know' about sellers and service providers is secured under the Consumer Protection Act, read with Article 19 of the Constitution. 'Therefore, every consumer has the right to access details of product, service, as well as distributor, dealer, trader, seller and shop owner before making a purchase,' stated the plea. It added that 'Right to Know' is crucial for consumers to make informed choices and to protect themselves from unfair and restrictive trade practices and unscrupulous exploitation. As per the petition, 'Right to Know' helps consumers avoid falling prey to fraudulent or deceptive distributors, dealers, traders, sellers and shop owners, who might misrepresent products/services or disappear after sale, purchase and money transaction. The petitioner claimed that while travelling to Haridwar, he found many motels, restaurants and eateries on the Delhi-Haridwar highway, which were not displaying their registration, owner's name, address and contact number, and this is happening pan India.
