Custodial torture of 2 Punjab labourers: CJM orders Kathua SSP to register FIR

In a 25-page order, the chief judicial magistrate directed the Kathua SSP to get an FIR registered at Basohli police station and submit an action-taken report within a week.

After hearing arguments by assistant public prosecutor Ankush Gupta, appearing for the police, and advocates S S Ahmed, Supriya Chouhan, M Zulkarnain Chowdhary and Vishal Gupta, for the petitioners, the court observed that “as per the settled law, it is mandatory for the police to register an FIR” in the matter considering that there are “serious” allegations of custodial violence.

Referring to the Supreme Court ruling in the 2014 Lalita Kumari v. Government of Uttar Pradesh & Ors, the CJM held that registration of FIR is mandatory if information discloses commission of a cognizable offence and no preliminary enquiry is permissible in such a situation.

Holding that the allegations in the application “clearly disclose commission of cognizable and some non-cognizable offences”, the judge observed that “the innocence claimed by the police authority cannot be accepted at this stage of the case”.

The court made it clear that it was not expressing an opinion on the veracity of the allegations, but added that denial by the police “cannot be taken at the face value” without investigation.

The labourers had earlier filed a petition in the Jammu Kashmir and Ladakh High Court in July alleging illegal detention and custodial torture by police. They had also alleged that that the police had registered a frivolous FIR against them.

To support their allegation, they had also referred to an order by the Munsiff (Judicial Magistrate First Class), Basohli, rejecting police request for their five day custodial remand on the ground that they were not found medically fit during an examination by the doctors. The judge had remanded duo in judicial custody for five days.

The high court, after hearing the petitioners, had issued notices to the Sub Divisional Police Officer, Basohli, and 10 other police personnel.

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