The court observed, “If the protector becomes the predator, then the court cannot remain a silent spectator.”
What Happened?
The case pertains to Khurshid Ahmed Chauhan, a police constable who was allegedly detained illegally and subjected to inhuman torture from 20 to 26 February 2023 at the JIC Kupwara. According to his petition, he suffered severe physical and mental abuse, including mutilation of private parts, which drove him to attempt suicide.
Although he was charged under Section 309 of the Indian Penal Code (attempt to commit suicide), the Supreme Court quashed the case against him. The court criticized the Jammu and Kashmir High Court for not quashing the FIR, stating that allowing the criminal case to continue would be “a mockery of justice.”
Strong Words from the Bench
A bench comprising Justice Vikram Nath and Justice Sandeep Mehta held that Chauhan’s fundamental and human rights were gravely violated. Justice Mehta, writing the judgment, emphasized the need for accountability and structural reform at the interrogation center.
Directions Issued by the Supreme Court:
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CBI must arrest the responsible police officers within a month.
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CBI must complete the investigation within three months of the FIR date.
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Systemic issues and institutional failures at JIC Kupwara must also be probed.
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The Jammu and Kashmir administration must pay ₹50 lakh compensation to the victim.
A Landmark in Human Rights Protection
This verdict is being seen as a major step in reinforcing constitutional safeguards against custodial torture. The Supreme Court made it clear that state authorities cannot act with impunity, and when those meant to uphold the law themselves violate it, the judiciary has a duty to intervene decisively.
The ruling sends a strong message that custodial violence will not be tolerated in a constitutional democracy, and that accountability must extend even to law enforcement officers.
