The Supreme Court held that the High Court erred in not mandating the registration of anCfor custodial torture, as per Lalita Kumari v. State of U.P., which mandates immediate FIR registration for cognizable offences. The Court directed a CBI investigation to ensure impartiality, citing institutional bias and conflict of interest. It quashed the counter FIR under Section 309 IPC as mala fide and awarded ₹50 lakhs compensation for the egregious violation of Article 21. The judgment reaffirmed the constitutional duty to protect citizens from state excesses and uphold human dignity.
Facts Of The Case:
The appellant, Khursheed Ahmad Chohan, a police constable in Jammu & Kashmir, was summoned for an inquiry related to a narcotics case on February 17, 2023. He reported to the Joint Interrogation Centre (JIC) in Kupwara on February 20, 2023, where he was allegedly detained and subjected to brutal custodial torture for six days. The torture included genital mutilation, electric shocks, and pepper being sprinkled on his private parts, resulting in severe injuries. On February 26, 2023, he was admitted to a hospital in a comatose state, and his severed genitalia were brought in a polythene bag by a Sub-Inspector. The same day, an FIR (No. 32/2023) was registered against him under Section 309 IPC (attempted suicide), alleging he had self-inflicted injuries. His wife’s complaints to authorities seeking action against the perpetrators were ignored.The appellant approached the High Court seeking FIR registration against the accused officers, transfer of investigation to the CBI, and quashing of the false FIR against him. The High Court dismissed his pleas, ordering only a preliminary inquiry. On appeal, the Supreme Court condemned the custodial torture, directed CBI investigation, quashed the fabricated FIR, and awarded ₹50 lakhs compensation for the gross violation of his fundamental rights.
Procedural History:
The case originated with the appellant filing a writ petition (No. 592 of 2023) under Article 226 of the Constitution and a criminal miscellaneous petition (No. 111 of 2023) under Section 482 CrPC before the Jammu & Kashmir and Ladakh High Court. The petitions sought directions for FIR registration against police personnel for custodial torture, transfer of investigation to the CBI, and quashing of the counter-FIR (No. 32/2023) filed against the appellant under Section 309 IPC. The High Court, vide its judgment dated September 18, 2023, dismissed the petitions, ordering only a preliminary inquiry by the Senior Superintendent of Police and refusing to quash the FIR against the appellant.Aggrieved by this decision, the appellant approached the Supreme Court via special leave petitions (SLP (Crl.) Nos. 13751-13752 of 2023). The Supreme Court granted leave, heard the matter, and delivered its judgment on July 21, 2025. It overturned the High Court’s decision, directing immediate CBI investigation, quashing the counter-FIR, and awarding compensation, while emphasizing the mandatory registration of FIRs in cognizable offences as per Lalita Kumari v. State of U.P. The case was listed for further monitoring on November 17, 2025, for a CBI status report.
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Court Observation:
The Supreme Court made several critical observations in its judgment. It emphasized that the High Court erred in not directing the mandatory registration of an FIR for custodial torture, as established in Lalita Kumari v. State of U.P., which mandates immediate FIR registration when cognizable offences are disclosed. The Court noted the shocking nature of the appellant’s injuries, including genital mutilation and electric shocks, which were medically inconsistent with the suicide theory propagated in the counter-FIR. It condemned the institutional bias and cover-up attempts by local police, highlighting the conflict of interest in having the same officials investigate allegations against themselves.The Court underscored that custodial torture violates fundamental rights under Articles 14 and 21 of the Constitution, calling it a “calculated assault on human dignity.” It rejected the High Court’s order for a preliminary inquiry, stating that such delays enable evidence tampering and witness intimidation. The judgment also clarified that Section 309 IPC (attempted suicide) is effectively redundant under the Mental Healthcare Act, 2017, rendering the counter-FIR malicious and abusive. The Court stressed the need for an independent CBI investigation to ensure fairness, given the gravity of the allegations and the involvement of high-ranking police officials. Finally, it affirmed the state’s liability to compensate victims of custodial violence, awarding ₹50 lakhs as interim relief while preserving the appellant’s right to seek further remedies.
Final Decision & Judgement:
In its final judgment, the Supreme Court allowed the appeal and set aside the impugned order of the High Court. The Court directed the CBI to immediately register a Regular Case (RC) based on the appellant’s complaint of custodial torture and conduct a thorough investigation within 90 days, to be headed by an officer not below the rank of Superintendent of Police. It quashed FIR No. 32 of 2023 registered under Section 309 IPC against the appellant, holding it to be mala fide and an abuse of process intended to shield the guilty officers. The Court awarded ₹50 lakhs as interim compensation to the appellant, to be paid by the Union Territory of Jammu & Kashmir, with the amount recoverable from the erring officials after departmental proceedings. Additionally, the Court mandated a comprehensive inquiry into systemic issues at the Joint Interrogation Centre, Kupwara, and required the CBI to submit a status report by November 10, 2025. The judgment reinforced constitutional protections against custodial violence and affirmed the judiciary’s role in safeguarding fundamental rights when state machinery fails. The case was listed for further monitoring on November 17, 2025.
Case Details:
Case Title:Khursheed Ahmad Chohan vs. Union Territory of Jammu & Kashmir & Ors. Citation:2025 INSC 876 Criminal Appeal No.:(Arising out of SLP(Criminal) No(s). 13751-13752 of 2023) Date of Judgment:July 21, 2025 Judges/Justice Name: Justice Vikram Nath & Justice Sandeep Mehta
Download The Judgement Here