21 July 2025 Criminal Appeals & Suspension of Sentence >> Criminal Law   |   Investigation >> Criminal Law  

In a landmark judgment delivered on July 21, 2025, the Supreme Court of India ordered a CBI investigation into a case of alleged brutal custodial torture of a police constable and quashed a First Information Report (FIR) that had been registered against the victim. The case, Khursheed Ahmad Chohan v. Union Of Territory Of Jammu And Kashmir & Others, arose from a Special Leave Petition (Criminal) Nos. 13751-13752 of 2023. Justices Vikram Nath and Sandeep Mehta presided over the case. The judgment was published in 2025 INSC 876.

Background of the Case:

The appellant, Khursheed Ahmad Chohan, a police constable, was summoned on February 17, 2023, to the Office of the Senior Superintendent of Police, Kupwara, in connection with a narcotics matter and reported on February 20, 2023. He alleged that he was illegally detained and subjected to brutal custodial torture for six days, resulting in severe injuries, including the amputation of his genital organs and testicles, pepper sprinkled on his private parts, and electric shocks leading to a fractured foot. He was admitted to SKIMS, Soura-Srinagar, on February 26, 2023, where he underwent surgery for the injuries. His severed testicles were reportedly brought to the hospital in a polythene bag by a Sub-Inspector.

On the same day, February 26, 2023, an FIR (No. 32 of 2023) was registered against the appellant under Section 309 of the Indian Penal Code (attempt to commit suicide). The FIR alleged that the appellant tried to commit suicide by cutting his vein with a razor blade.

The appellant's wife, Rubina Aktar, attempted to register an FIR against the police personnel responsible for the torture but was unsuccessful. Aggrieved by the inaction, she filed a Writ Petition (No. 592 of 2023) and a Criminal Miscellaneous Petition (CRM (M) No. 111 of 2023) before the High Court of Jammu & Kashmir. The High Court, on September 18, 2023, dismissed both petitions, directing a preliminary inquiry by the Senior Superintendent of Police into the torture allegations and allowing the investigation in FIR No. 32 of 2023 to continue.

Supreme Court's Analysis and Directions:

The Supreme Court expressed shock at the undisputed fact that the appellant sustained severe injuries, including castration, while in the Joint Interrogation Centre, Kupwara, and that his dismembered genitalia were brought to the hospital in a plastic bag by a Sub-Inspector.

On the Issue of Registration of an FIR:

The Court reiterated the mandatory nature of FIR registration upon disclosure of a cognizable offence, as established in Lalita Kumari v. State of U.P.. It held that the allegations by the appellant and his wife, coupled with compelling medical evidence of grievous injuries, unequivocally disclosed cognizable offences, making FIR registration mandatory. The Court found that the High Court erred in directing a preliminary inquiry, especially by an officer whose subordinates were implicated, violating the principle of "nemo judex in causa sua" (no one should be a judge in his own cause).

On the Transfer of Investigation to CBI:

The Court emphasized that the power to transfer an investigation to the CBI is an extraordinary measure to be exercised in rare and exceptional circumstances to ensure fairness and maintain public faith in the administration of justice. Given the "unprecedented gravity" of the custodial torture, the systematic cover-up by local police, and the inherent conflict of interest (the same police investigating cases against the person they allegedly tortured), the Court deemed a CBI investigation essential. The Court highlighted that the medical evidence conclusively contradicted the self-inflicted injury theory, noting the surgical removal of both testicles and other extensive injuries inconsistent with a suicide attempt. The temporal gap between the appellant's detention and the registration of the FIR against him was also cited as evidence of illegal detention.

On Quashing of FIR No. 32 of 2023:

The Supreme Court, applying the principles laid down in State of Haryana v. Bhajan Lal , found that FIR No. 32 of 2023 was "manifestly mala fide" and constituted an abuse of the process of law. The Court observed the stark disparity between the FIR's claim of "cutting his vein" and the "barbaric reality of complete castration and systematic torture". It concluded that the FIR was a "fabricated and bogus case" registered with an ulterior motive to create a false defense for the police officers and shield the real perpetrators. The Court also noted that Section 309 of the IPC (attempt to commit suicide) has been largely rendered ineffective by Section 115 of the Mental Healthcare Act, 2017, which presumes a person attempting suicide to be under severe stress.

Compensation to the Victim:

Recognizing the violation of the appellant's fundamental rights under Article 21 of the Constitution, the Court awarded interim compensation of Rs. 50,00,000/- (Rupees Fifty Lakhs) to the appellant. This compensation is without prejudice to his right to pursue further remedies, and the State Government is obligated to recover this amount from the officials found guilty upon completion of the investigation.

Conclusion and Directions:

In exercise of its extraordinary jurisdiction under Articles 136 and 142 of the Constitution, the Supreme Court issued the following directions:

• The Director, CBI, is to forthwith register a RC (Regular Case) related to the custodial violence and illegal detention of the appellant between February 20, 2023, and February 26, 2023, based on his wife's complaint.
• The CBI Director shall constitute a Special Investigation Team (SIT) headed by an officer not below the rank of Superintendent of Police.
• The police officials responsible for the custodial torture are to be arrested within one month, and the investigation is to be completed within 90 days.
• The CBI shall also conduct a comprehensive inquiry into the systemic issues at the Joint Interrogation Centre, Kupwara, including examining CCTV systems, interrogating personnel, forensic examination of the premises, and reviewing detention and interrogation protocols.
• FIR No. 32 of 2023 against the appellant is quashed.
• The State of Jammu and Kashmir is to pay Rs. 50,00,000/- as interim compensation to the appellant, recoverable from the guilty officers.
• The CBI is to submit a status report to the Court by November 10, 2025.

The Court clarified that its observations are limited to the appellant's case and do not express an opinion on the merits of any other prosecution. The case is listed again on November 17, 2025, for receiving the status report.

  Indian Penal Code, 1860