Courtroom Chronicles

SC ORDERS CBI PROBE & COMPENSATION IN CUSTODIAL TORTURE CASE

by | Jul 22, 2025

Supreme Court orders CBI probe in custodial torture case, grants ₹50 lakh compensation.

Justice for Khursheed Chohan: Supreme Court steps in with CBI investigation and compensation.

SC ORDERS CBI PROBE & COMPENSATION IN CUSTODIAL TORTURE CASE

CASE SUMMARY – In Khursheed Ahmad Chohan vs Union Territory of Jammu & Kashmir, a police constable alleged brutal custodial torture including mutilation. Despite compelling medical evidence, local police refused to register an FIR and instead lodged one against the victim. The High Court dismissed pleas for justice. The Supreme Court intervened, highlighting grave constitutional violations, institutional bias, and procedural abuse. It quashed the false FIR under IPC Section 309, directed a CBI probe, and awarded ₹50 lakh interim compensation. The judgment reinforces legal safeguards against custodial violence and mandates independent investigation to uphold justice and human dignity.

DETAILS ASPECTS
Case Title Khursheed Ahmad Chohan vs Union Territory of Jammu & Kashmir & Ors., Criminal Appeal No(s). 13751-13752 of 2023
Introduction Appeals filed against J&K High Court’s refusal to register FIR and transfer custodial torture investigation to the CBI and dismissal of quashing FIR.
Factual Background Police constable Khursheed Chohan alleged brutal custodial torture including mutilation while in detention. Authorities failed to act on complaints.
Legal Issues
  1. Mandatory registration of FIR in custodial torture. 
  2. Need for CBI investigation due to bias.
  3. Quashing of FIR against victim under Sec 309 IPC.
Applicable Law
  1. Article 21, Article 136, 142, 226 of Constitution;
  2. IPC Sec 309; CrPC Sec 154, 482; 
  3. Mental Healthcare Act 2017 Sec 115; 
  4. NDPS Act.
Analysis Supreme Court found clear custodial torture, institutional bias, suppression of evidence, and misuse of FIR process.
Conclusion SC ordered CBI investigation, quashed FIR 32/2023, and awarded ₹50 lakh interim compensation. Directed recovery from errant officers post-inquiry.
Current Scenario The case is now to be investigated independently by the CBI; Supreme Court emphasized institutional accountability and protection of constitutional rights.

 

“The majesty of law demands nothing less than complete independence and impartiality in investigating crimes that shock the conscience of society.”

 

SOURCE – SUPREME COURT OF INDIA

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Written By Nancy Sharma

I am Nancy Mahavir Sharma, a passionate legal writer and a judicial service aspirant who is interested in legal researching and writing. I have completed Latin Legum Magister degree. I have been writing from past few years and I am excited to share my legal thoughts and opinions here. I believe that everyone has the potential to make a difference.

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