In a significant order, the Chief Judicial Magistrate (CJM) of Kathua has directed the Senior Superintendent of Police (SSP) Kathua to register a First Information Report (FIR) at Police Station Basohli regarding the alleged custodial torture of two laborers from Punjab. The order addresses an application filed by the two laborers, Sukar Deen and Fareed Mohammad, residents of Chibber village, Tehsil Dhar Kalan, Sarti, Pathankot, Punjab, who alleged they were brutally tortured by officers and officials of Basohli Police at Atal Setu (Basohli).
CJM Kathua Ajay Kumar also sent a copy of his 25-page order to the SSP Kathua for compliance, directing that the action taken be shared with the court within a week of receiving the order. The court has clarified that the FIR should not be directed against any specific police officer or official. Instead, the SSP is instructed to assign the investigation to an experienced and independent police officer to ensure a thorough and impartial probe under the relevant provisions of the law.
The incident reportedly occurred on June 29, 2025, when a police team led by SDPO Basohli Suresh Kumar allegedly stopped the two laborers while they were patrolling Atal Setu. The police officials allegedly subjected them to third-degree torture and subsequently booked them in FIR No. 61/2025, dated June 30, 2025, under Section 132/221/352/3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023. When the laborers were presented for remand on June 30, 2025, the Munsiff/JMIC Basohli declined police remand, observing that both laborers had injuries and appeared to have been beaten in the police station. The court also noted that the police had not complied with the guidelines set by the Supreme Court in the case of D.K. Basu V/s State of West Bengal.
Advocate S.S. Ahmed, along with Advocates Supriya Chouhan, M. Zulkarnain Chowdhary, and Vishal Gupta, represented the two Punjab laborers. APP Kathua Ankush Gupta appeared for SSP Kathua/SHO, Police Station, Basohli. The CJM Kathua observed that the case involved serious allegations of custodial violence committed by the police, making it mandatory to register an FIR according to established law.
Previously, on July 15, 2025, the two Punjab laborers filed a contempt petition in the High Court of J&K and Ladakh at Jammu, seeking contempt of court proceedings against 11 police officers/officials for allegedly defying the judgment in D.K. Basu & Anr. The High Court had taken note of the alleged violations of Supreme Court guidelines in custodial cases, particularly the D.K. Basu ruling.
In August 2025, the CJM Kathua granted a final opportunity to the SSP Kathua to file an Action Taken Report (ATR) in response to the plea seeking registration of an FIR against senior police officers of Basohli. The application, filed under Section 175(3) of the BNSS, 2023, reiterated the allegations of third-degree torture inflicted upon them at Atal Setu and inside Police Station Basohli on June 29, 2025, further alleging unlawful detention in violation of Supreme Court guidelines.
The court observed that a preliminary inquiry had been conducted, seemingly providing a clean chit to the police personnel. However, the CJM emphasized that an investigation could only properly commence after the registration of an FIR and that the innocence claimed by the police authority could not be accepted at this stage.
Furthermore, it was alleged that the complainants and their contractor were being harassed and pressured to withdraw the case, with threats of false cases if they did not comply. The High Court of Jammu & Kashmir and Ladakh has also stayed the operation of the FIR registered against the two Punjab laborers, who alleged custodial torture. The FIR (No. 0061/2025), dated June 30, 2025, was registered under sections 132-221, 352, and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
