Cop’s Custodial Castration In J&K: SC Orders CBI Probe, Rs 50 L Compensation For Victim

Last Updated:July 23, 2025, 22:24 IST

The Supreme Court has directed the CBI to register an FIR and arrest officers responsible for the custodial torture and castration of a police constable in Jammu & Kashmir

After examining medical records and hearing counsel, the Supreme Court held that the uncontested factual matrix presented a prima facie case of the 'most heinous form' of custodial torture and revealed the total apathy of the local police in initiating legal action. File pic

The Supreme Court has directed the Central Bureau of Investigation (CBI) to register an FIR in the case of custodial torture and castration of a Jammu and Kashmir police constable, while also ordering the union territory administration to pay Rs 50 lakh as interim compensation to the victim.

A bench of Justices Vikram Nath and Sandeep Mehta said that violations of fundamental rights under Article 21 of the Constitution warrant appropriate monetary redress. The compensation, the court observed, must serve as a balm to the victim and his family, without prejudice to other available civil or criminal remedies.

The direction came in a plea filed by Khursheed Ahmad Chohan, a police constable, who had challenged the J&K and Ladakh High Court’s September 18, 2023, decision. The High Court had dismissed his petition seeking registration of an FIR against senior police officials, transfer of investigation to the CBI, and quashing of an FIR registered against him.

According to the plea, Chohan was summoned to the office of the Senior Superintendent of Police, Kupwara, on February 20, 2023, in relation to a narcotics inquiry. There, he was allegedly detained at the Joint Interrogation Centre and subjected to six days of inhuman custodial torture. His genitals and testicles were amputated, pepper was sprinkled on his private parts, and electric shocks caused a foot fracture. Despite this, an FIR was lodged against him for an alleged attempt to die by suicide.

After examining medical records and hearing counsel, the Supreme Court held that the uncontested factual matrix presented a prima facie case of the “most heinous form" of custodial torture and revealed the total apathy of the local police in initiating legal action. The bench held that the police’s failure to register an FIR, despite compelling medical evidence indicating the commission of cognisable offences, constituted a direct violation of Articles 14 and 21 of the Constitution.

The court also faulted the High Court for refusing to apply binding precedent laid down by the Constitution Bench in Lalita Kumari v Government of Uttar Pradesh, which mandates the registration of FIRs in cases disclosing cognisable offences. It held that allowing preliminary inquiries in custodial violence matters fosters institutional cover-ups and defeats the purpose of criminal law.

With respect to transferring the case to the CBI, the bench noted that such power is reserved for exceptional cases. However, given the gravity of the offence, including the complete mutilation of the victim’s genitalia and a subsequent institutional attempt to portray it as a suicide attempt, the transfer was held to be constitutionally imperative.

The court observed that the State’s theory of suicide was implausible when weighed against medical evidence and the timeline of injuries. It found the FIR’s reference to a minor act of “cutting a vein" grossly inconsistent with the reality of systematic custodial torture, which revealed a clear abuse of power.

The bench stated that the High Court failed in its constitutional obligation to protect the dignity and fundamental rights of a citizen and did not account for the influence exerted by the accused police officials. It ruled that the victim’s false implication in a counter-FIR was part of a coordinated attempt to shield the perpetrators.

The court directed the State to immediately disburse Rs 50 lakh as interim compensation to the victim, clarifying that this does not bar his right to claim additional compensation before an appropriate forum. It further mandated the State to recover the amount from the guilty officials once the investigation or disciplinary proceedings are complete.

In conclusion, the court directed the director of the CBI to register a case, constitute a Special Investigation Team (SIT), arrest the accused officers, and submit a status report by November 10, 2025.

Sanya Talwar

Sanya Talwar, Editor at Lawbeat, has been heading the organisation since its inception. After practising in courts for over four years, she discovered her affinity for legal journalism. She has worked previousl...Read More

Sanya Talwar, Editor at Lawbeat, has been heading the organisation since its inception. After practising in courts for over four years, she discovered her affinity for legal journalism. She has worked previousl...

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