The Supreme Court has ordered a CBI probe into the alleged custodial torture of a Jammu and Kashmir Police constable, Khursheed Ahmad Chohan, at the Joint Interrogation Centre (JIC) in Kupwara. The court also directed the Union Territory administration to pay Chohan Rs 50 lakh in compensation.
A bench of Justices Vikram Nath and Sandeep Mehta issued the order on Monday, July 21, 2025, directing the CBI to register a case within seven days. The CBI Director has been instructed to form a Special Investigation Team (SIT) headed by an officer not below the rank of Superintendent of Police to investigate the matter. The Supreme Court has mandated that the police officers found responsible for the custodial torture be arrested immediately, within one month from the order. The investigation must be completed within 90 days of the FIR registration. The CBI is required to submit its status report to the court by November 10, 2025.
The court has directed that all materials collected during the inquiry, including documents, medical records, CCTV footage, forensic evidence, and case diaries, be handed over to the CBI. The bench stated the compensation amount would be recoverable from the officers concerned after the CBI concludes its investigation and departmental proceedings are initiated. The court clarified that the compensation does not prevent the appellant from pursuing further remedies for additional compensation in other forums.
Khursheed Ahmad Chohan, a police constable, had approached the Supreme Court challenging a Jammu and Kashmir High Court judgment that dismissed his plea seeking the registration of an FIR against the police personnel, the transfer of the investigation to the CBI, and the quashing of the FIR filed against him. He alleged that he was illegally detained and subjected to brutal custodial torture at the Joint Interrogation Centre in Kupwara for six days in February 2023. During this time, his genital organs and testicles were amputated. He also alleged that pepper was sprinkled on his private parts and that he was given electric shocks, resulting in a fractured foot.
The Supreme Court, in its 58-page judgment, stated that the violation of Article 21 of the Constitution was evident and egregious. The court relied on precedents, including D.K. Basu vs. State of West Bengal (1997) and Nilabati Behera vs. State of Orissa (1993). The bench also found that the state's theory that Chohan had attempted suicide was not supported by medical evidence. The court noted the injuries, including complete genital mutilation and anal insertion, were medically impossible to be self-inflicted. The Supreme Court also quashed the FIR registered against Chohan under Section 309 of the Indian Penal Code (IPC) for attempting to commit suicide.
The court underscored the need to assess whether structural or institutional failings enabled a climate of impunity that led to the custodial abuse and directed the CBI to conduct an inquiry into systemic issues at the Kupwara JIC. The court called for a comprehensive review of the JIC's functioning and practices, including an examination of CCTV footage, medical records, and forensic material, and called for systemic accountability for custodial violence. The Supreme Court described the incident as one of the most barbaric instances of police atrocity, which the State was trying to defend and cover up.
