Serious questions have been raised from time to time regarding cases of harassment and human rights violations in custody. One such case has come up from Jammu and Kashmir where the country’s Supreme Court has taken a strong stand on the functioning of the state administration and police system, taking a tough stance in the alleged atrocities with a police constable. Let us tell you that the Supreme Court on Monday ordered the CBI to investigate the alleged inhuman atrocities committed during custody with a police head constable at the Joint Interrogation Center (Joint inquiry center) in Kupwara, Jammu and Kashmir. Along with this, the Jammu and Kashmir administration has also been instructed to give compensation of Rs 50 lakh to the victim constable.
Let us tell you that a bench of Supreme Court Justice Vikram Nath and Justice Sandeep Mehta has not only ordered an independent inquiry into the matter with immediate effect, but has also issued a directive to arrest the accused officers. The court has clearly stated that the progress report of the investigation in this entire case by September 2025 should be produced before the court.
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Let us tell you that according to the petitioner, he was posted as Head Constable in Baramulla in February 2023. At that time he was directed to appear before the Senior Superintendent of Police (SSP). Since her posting in East was in Kupwara, she did not find anything unusual in it and she appeared. However, the constable alleges that between 20 to 26 February 2023, he was taken hostage at a joint inquiry center in Kupwara and tortured very brutally. He was carried out by inhuman acts like assault, electric shocks, pouring chili powder to private organs and damage to the genitals. The petition stated that his condition had become so serious that he was admitted to the hospital in a dead condition, where his life was saved through emergency surgery.
According to reports, the constable’s wife complained to the Kupwara police station to register an FIR, but no hearing was held. Later a legal notice was sent, but instead of taking action against the accused, a case was filed against the constable under Section 309 (attempt to commit suicide) against himself, saying that he had tried to commit suicide at the inquiry center.
Let us tell you that the aggrieved constable had urged the Supreme Court to conduct a fair investigation in this case through the CBI or Special Investigation Team (SIT) instead of the Jammu and Kashmir Police and the FIR lodged against it should be canceled.
If seen, this decision of the Supreme Court not only questions the functioning of the Jammu and Kashmir Police, but it also presents an example of the activism of the judiciary against misuse of power, atrocities in custody and fake cases. This decision can become a vision to determine accountability, ensure transparency and protect the fundamental rights of citizens within future security agencies. At the same time, this intervention of the Supreme Court gives the message that atrocities or human rights violations will not be tolerated at any level in the name of law, whether it is an employee of the state.
However, after the court’s decision, politics has also started on this issue. PDP President Mehbooba Mufti has called for systematic reforms in all Joint Inquiry Centers (JICs) of Jammu and Kashmir. Mehbooba Mufti wrote on the social media platform ‘X’, “A person was tortured so brutally that her genitals were deformed. It reflects the magnitude of misconduct in custody in Jammu and Kashmir. The Supreme Court order of CBI investigation, arrest and compensation of Rs 50 lakh is a pending step for a long time. “This is no exception and all joint inquiry centers have an immediate need for systemic reforms and investigation.”