New Delhi, July 21, 2025 — In a powerful reinforcement of human rights and zero tolerance towards custodial violence, the Supreme Court of India has directed a CBI investigation into the alleged custodial torture of a Jammu and Kashmir police constable, Khurshid Ahmed Chauhan. The apex court has also ordered ₹50 lakh as compensation to Chauhan for the inhuman treatment he endured at the Joint Interrogation Centre (JIC) in Kupwara, Jammu and Kashmir.
This historic judgment, delivered by a bench of Justice Vikram Nath and Justice Sandeep Mehta, comes as a major step in reinforcing accountability in cases of custodial violence in India. The directions were issued in response to a petition filed by constable Khurshid Ahmed Chauhan, who had challenged an FIR registered against him under Section 309 of the Indian Penal Code (IPC), which deals with attempted suicide.
Custodial Violence and Illegal Detention
According to Chauhan, he was illegally detained between February 20 and 26, 2023, and subjected to severe torture during this period. He alleged that officers at the Kupwara interrogation facility committed brutal acts, including the mutilation of his private parts. Medical records supported his claims.
Calling the actions of the Jammu and Kashmir Police “unconstitutional and inhuman,” the Supreme Court quashed the FIR against Chauhan, stating that continuing the criminal proceedings would be a “travesty of justice.”
The court emphasized that torture in custody violates Article 21 of the Indian Constitution, which guarantees the right to life and personal liberty.
CBI Ordered to Probe Kupwara Interrogation Centre
In a significant move, the court ordered a CBI inquiry into the allegations, terming the practices at the Kupwara facility a serious breach of human rights. The Central Bureau of Investigation has been directed to:
- Identify the culprits responsible for custodial torture.
- Investigate whether institutional practices at JIC Kupwara enabled such abuse.
- Submit a detailed report within three months of filing the FIR.
Moreover, the court instructed that the guilty officers be arrested within one month, underlining the need for speedy justice and systemic reform.
What This Means for Custodial Torture Cases in India
This Supreme Court ruling sends a strong message about the illegality of custodial violence and the need for police accountability. It reinforces the idea that law enforcement officers are not above the law and that victims of state abuse are entitled to justice and compensation. It also brings focus to the broader issue of human rights violations in conflict zones like Jammu and Kashmir.
Legal Representation
Senior Advocate Anand Grover, along with a legal team comprising Fuzel Ahmed Ayubi, Ibad Mushtak, Akansha Rai, Gurnet Cord, and Husan Raza Khan, appeared for Chauhan. The Union Territory of Jammu and Kashmir was represented by Senior Advocate Shalesh Medial.
