VidhiSangh

Supreme Court of India · 21/07/2025

KHURSHEED AHMAD CHOHAN versus UNION OF TERRITORY OF JAMMU AND KASHMIR AND ORS. ETC.

[2025] 7 S.C.R. 1295 · 2025 INSC 876

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Summary

A police constable summoned to the Joint Interrogation Centre, Kupwara alleged that he was illegally detained for six days and tortured, including the amputation of his genitals; the police refused to register his wife's complaint and instead registered an FIR against him under Section 309 IPC for attempted suicide, and the High Court merely ordered a preliminary enquiry by the Senior Superintendent of Police and declined to quash the FIR. The Court held that registration of an FIR was mandatory under Lalita Kumari, that an enquiry by the officer whose subordinates were implicated violated the rule against being a judge in one's own cause, transferred the investigation to the CBI, quashed the Section 309 FIR as fabricated and mala fide, and awarded Rs. 50 lakh interim compensation for violation of Article 21.

Issues

  1. Whether the complaint of the appellant's wife dated 01.03.2023, supported by medical evidence of grievous injuries, mandatorily required registration of an FIR rather than a preliminary enquiry.
  2. Whether the gravity of the alleged custodial torture, the cover-up by the local police and the conflict of interest arising from pending NDPS cases against the appellant required transfer of the investigation to the CBI.
  3. Whether FIR No. 32 of 2023 registered against the appellant under Section 309 IPC should be quashed as manifestly mala fide and an abuse of process.
  4. Whether the appellant was entitled to monetary compensation for violation of his rights under Article 21.

Provisions considered

Held

Result

Appeals allowed; High Court judgment dated 18.09.2023 set aside. CBI to register an RC within 7 days, constitute an SIT headed by an officer not below Superintendent of Police, arrest the responsible officials within one month, complete the investigation within 90 days and inquire into systemic issues at the Joint Interrogation Centre, Kupwara; FIR No. 32 of 2023 under Section 309 IPC quashed; Union Territory to pay Rs. 50,00,000 compensation, recoverable from the officers concerned after departmental proceedings; CBI status report by 10.11.2025; listed 17.11.2025.

Judgment PDF: Supreme Court of India, [2025] 7 S.C.R. 1295.