Kathua, Sep 22. The Chief Judicial Magistrate (CJM) Kathua, Ajay Kumar, has directed the Senior Superintendent of Police Kathua to register an FIR at Police Station Basohli in connection with the alleged custodial torture of two Punjab labourers at Atal Setu. The court has also directed that the investigation be entrusted to an experienced and independent police officer.
The directive came while hearing an application filed by the aggrieved labourers, Sukar Deen and Fareed Mohammad of Pathankot, who accused Basohli police officers of midnight torture in June. The CJM observed that serious allegations of custodial violence had been raised, and in light of Supreme Court judgments, registration of an FIR was mandatory where cognizable offences are disclosed. The court ruled that preliminary enquiries in such cases were impermissible and noted that innocence claimed by police personnel could not be accepted without proper investigation.
The matter has already drawn the attention of the High Court of J&K and Ladakh, which earlier issued notices to eleven police officials, including the SDPO and SHO Basohli, after the victims filed a contempt petition. The High Court took serious note of the alleged violations of Supreme Court guidelines in custodial cases, particularly the landmark D.K. Basu ruling.
The SSP Kathua has been asked to submit an action-taken report to the CJM within one week. [KNT]
