In a momentous assertion of the rule of law and fundamental rights, the Supreme Court has awarded ₹50 lakh in compensation to a Jammu & Kashmir police constable, Khursheed Ahmed Chauhan, finding that he was subjected to barbaric corporal punishment during unlawful detention. The Court also directed a Central Bureau of Investigation inquiry and expressed shock at the severity of the violence inflicted on an officer while he pursued his official duties.
The case reached the Supreme Court after a lower court in Jammu & Kashmir dismissed the applicant’s plea to quash an FIR filed under Section 309 of the Indian Penal Code for attempted suicide. The constable alleged that during his detention at the Joint Interrogation Centre in Kupwara, he was brutally tortured, including having his genitals mutilated, over a period extending from February 20 to 26, 2023. He attributed the FIR alleging attempted suicide to malicious intent by his custodians, who sought to silence his cry for help rather than investigate abuses of power. At the Supreme Court, he sought quashing of the FIR and, implicitly, vindication of his innocence.
The Constitution bench, in a verdict delivered by Justice Sandeep Mehta and Justice Vikram Nath, immediately quashed the FIR under Section 309, noting that the very existence of ongoing investigation into the torture rendered its continuation a travesty of justice. The Supreme Court expressed horror at the allegations, which it deemed tantamount to an inhumane assault on a law enforcement officer by those sworn to uphold the law. The judiciary emphasized that condoning violence against custodians of the law undermines public confidence and corrodes the legal system from within.
Most significantly, the Court awarded ₹50 lakh in compensatory damages to the victim, framing the payment as “just and fair restitution” for the physical mutilation, psychological trauma, and affront to dignity endured. This amount reflects the Court’s determination to impose meaningful accountability in custodial violence cases and to extend the principle of compensation beyond civilians to officers as well. The Court’s order underscores that state-sanctioned brutality cannot evade consequences merely because its victims wear a uniform.
In addition to the monetary award, the Court ordered the prompt arrest of the police officers implicated in the torture, signaling that no cloak of immunity protects custodial misconduct. Recognizing the gravity and systemic nature of the allegations, it entrusted the CBI with investigating the matter. This decision reflects a judicial recognition that local police inquiries may often lack impartiality when investigating their own personnel.
In its reasoning, the Supreme Court cited constitutional safeguards guaranteeing personal liberty and dignity. It noted that custodial torture is not only a crime under Indian law but also a violation of fundamental rights enshrined in Articles 21 and 22. The Court’s willingness to award damages and involve the CBI sends a strong signal: custodial torture—even of police officers themselves—will not be tolerated.
This landmark judgment places responsibility squarely in the hands of the state. The order expects swift compliance: payment of compensation, arrest of accused officers, and effective implementation of the CBI probe must follow. Delays or obfuscation, the Court warned, would amount to continuing injustice and further tarnish the reputation of law enforcement agencies.
The Supreme Court’s decision marks a significant precedent in the jurisprudence of custodial rights. In affirming compensation for a police officer subjected to torture, it broadens the scope of judicial protection for state actors wronged by abuse. The ruling also reaffirms the principle that the fundamental rights under Part III of the Constitution apply equally to all persons within the territory, regardless of official status. Moreover, entrusting the inquiry to the central agency and ordering immediate action underscores the urgency of tackling custodial abuse with impartiality and severity.
In sum, the Supreme Court’s order represents a rare and strong judicial stand against custodial violence, underscoring that no individual—citizen or officer—is above the law. By combining punitive measures, restitution, and a promise of impartial investigation, the apex court has taken a decisive step toward reinforcing the integrity of custodial practices and safeguarding individual rights across the country.
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