LexKHURSHEED AHMAD CHOHAN versus UNION OF TERRITORY OF JAMMU AND KASHMIR AND ORS. ETC.
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[2025] 7 S.C.R. 1295 : 2025 INSC 876 Khursheed Ahmad Chohan v. Union of Territory of Jammu and Kashmir and Ors. Etc. (Criminal Appeal No(s). 3092-3093 of 2025) 21 July 2025 [Vikram Nath and Sandeep Mehta,* JJ.] Issue for Consideration Issue arose as to whether the facts and circumstances disclosed in the complaint, supported by compelling medical evidence of grievous injuries, including complete genital mutilation, mandatorily required registration of an FIR; whether the gravity of the alleged custodial torture, the systematic cover-up by local police machinery, and the inherent conflict of interest arising from the pendency of cases punishable under NDPS Act against the appellant necessitate transfer of investigation to the CBI; and whether FIR registered against the appellant u/s.309 IPC should be quashed. Headnotes† Code of Criminal Procedure, 1973 – s.482 – Constitution of India – Art.21 – Custodial torture – Appellant-police constable called to report to the office of Senior Superintendent of Police in connection with an enquiry related to a narcotics matter against him – Thereafter, was illegally detained and was subjected to brutal custodial torture for six days – He sustained grievous injuries including castration of his genital regions – FIR against police officials not registered – Appellant sought registration of FIR against the police personnel and transfer of investigation to CBI – High Court dismissed the petitions – Correctness: Held: Issuance of directions to CBI for registration of RC in relation to the incidents of custodial violence and illegal detention of the appellant, constitution of SIT for investigation and to conduct comprehensive inquiry into systematic issues – Medical findings- grievous injuries, complete genital mutilation, systematic beatings, and torture marks, taken in conjunction with the appellant’s forced detention, part of which was illegal, clearly establish the commission * Author 1296 [2025] 7 S.C.R. Supreme Court Reports of cognizable offences by persons in authority, making registration of FIR not merely advisable but mandatory – Failure of local police authorities to register an FIR despite clear disclosure of cognizable offences supported by compelling medical evidence constitutes a direct violation of the appellant’s fundamental rights u/Art.14 and 21 – High Court’s approach, by treating this as a case requiring a preliminary inquiry rather than immediate registration of FIR, demonstrates a complete misunderstanding of the settled legal position and resulted in the denial of justice to the appellant who is the victim of custodial torture – Considering the unprecedented gravity of the custodial torture, the systematic cover-up orchestrated by local police machinery, institutional bias demonstrated in the handling of the complaint, and the complete failure of local authorities to conduct a fair investigation and the unrelenting stand taken by the State, transfer of investigation to CBI directed – By directing the SSP, who summoned the appellant, just to conduct an enquiry at such a belated stage, combined with the pendency of NDPS cases, creates a conflict of interest, making it impossible for any fair investigation to be conducted at the local level – Only investigation by an independent agency-CBI can restore public faith in the criminal justice system, ensure that this dehumanising crime does not go unpunished, and guarantee that the truth emerges without any institutional bias or cover-up attempts – Majesty of law demands nothing less than complete independence and impartiality in investigating such crimes – Hence, transfer of investigation to CBI becomes not merely advisable but constitutionally imperative to ensure justice and uphold the rule of law – Compensation awarded to the appellant – Impugned judgment quashed and set aside. [Paras 11-14, 27, 38] Code of Criminal Procedure, 1973 – s.482 – Victim-police personnel subjected to brutal and inhuman custodial torture leading to complete castration and illegal detention, on reporting to the office of Senior Superintendent of Police in connection with an enquiry related to a narcotics matter – FIR against police officials not registered – Subsequently, police officials maliciously registered FIR against appellant-victim u/s.309 IPC – Writ petition by the victim seeking quashing of the FIR registered against him u/s.309 dismissed – FIR registered against the
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