CBI arrests 6 policemen including Dy SP, for custodial torture of fellow cop in Kupwara

Srinagar, Aug 21: The Central Bureau of Investigation (CBI) has arrested six policemen, including a Deputy Superintendent of Police, for the custodial torture of a fellow policeman, Khursheed Ahmad Chouhan, in Kupwara district of north Kashmir.

The arrests were made on the direction of the Supreme Court, which had earlier criticized the handling of the case by both the Jammu and Kashmir Police and the High Court.

Among those arrested are Deputy Superintendent of Police Aijaz Ahmad Naikoo and Inspector Reyaz Ahmad. They stand accused of the illegal detention and brutal torture of Constable Khursheed Ahmad Chouhan in February 2023.

The CBI took action after the Supreme Court ordered it to file a First Information Report (FIR) and apprehend the accused officers, following severe criticism of the Jammu and Kashmir Police’s conduct in the case.

A bench comprising Justices Vikram Nath and Sandeep Mehta described the case as “one of the most barbaric instances of police atrocity.”

The court noted that Chouhan was illegally detained for three days and subjected to horrific torture, including complete mutilation of his genitalia, as confirmed by medical records from the Sher-e-Kashmir Institute of Medical Sciences in Srinagar.

“The unprecedented gravity of this case involving brutal and inhuman custodial torture, characterised by the complete mutilation of the appellant’s genitalia, represents one of the most barbaric instances of police atrocity, which the state is trying to defend and cover up with all-pervasive power,” the court had said in its order.

Rejecting the state’s theory that the injuries were self-inflicted as part of a suicide attempt to evade a drug investigation, the court emphasised the medical evidence that made such a claim implausible.

“It is foolhardy to suggest that a rational person would subject himself to complete genital mutilation and cause injuries to inaccessible body parts so as to avoid questioning in a drug case,” the court said.

Chouhan, who was not formally booked under any FIR at the time, had been summoned by the SSP Kupwara on February 17, 2023.

He was then handed over to a team of officers and kept in illegal custody without any formal charges. T

The court strongly criticised the Police for attempting to frame Chouhan as the accused using what it called a “concocted theory of attempted suicide,” relying on flawed medical opinion and procedural violations.

The brutal incident came to light only after Chouhan’s wife launched a relentless campaign for justice.

After being denied relief by the Jammu and Kashmir High Court, she took the matter to the Supreme Court, which not only intervened but also came down heavily on the High Court itself.

The Supreme Court rebuked the High Court for committing a “grave error” in failing to exercise its constitutional writ jurisdiction, as mandated in landmark rulings such as the Lalita Kumari case.

“Instead of ordering immediate registration of an FIR, the High Court directed the very same Senior Superintendent of Police, Kupwara – who had initially issued the signal for Chouhan’s interrogation and under whose jurisdiction the torture occurred – to conduct an inquiry into his own subordinates’ actions,” the court observed. “This direction constitutes a flagrant violation of the fundamental principles of natural justice.”

The Supreme Court further highlighted a disturbing pattern of institutional cover-up and misuse of power by the state police, describing it as “institutional malice of the highest order.”

The CBI is now leading the investigation into the incident under the direct supervision of the Supreme Court.

The case has sparked nationwide outrage and renewed calls for stronger oversight mechanisms to prevent custodial abuse and hold law enforcement accountable. As the investigation continues, the arrested officers will face trial for their roles in what the court has termed a chilling example of police brutality and systemic failure of justice.