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VIKRAM NATH, SANDEEP MEHTA
Khursheed Ahmad Chohan – Appellant
Versus
Union of Territory of Jammu and Kashmir – Respondent
| Table of Content |
|---|
| 1. allegations of brutal custodial torture. (Para 3 , 4) |
| 2. contentions from appellant's and respondents' counsel. (Para 5 , 6) |
| 3. primary issues of law regarding fir registration. (Para 7 , 8 , 9) |
| 4. mandatory registration of fir on cognizable offences. (Para 10 , 11 , 12) |
| 5. impact of police misconduct on investigation integrity. (Para 13 , 14 , 15) |
| 6. quashing of fir no. 32 due to malafide intent. (Para 28 , 34) |
| 7. court directives following the appeal ruling. (Para 38 , 39 , 40 , 41 , 42 , 43) |
JUDGMENT :
SANDEEP MEHTA, J.
1. Heard.
2. Leave granted.
3. The present appeals by special leave, arise out of the final judgment and order dated 18th September, 2023, passed by the learned Single Judge of the High Court of Jammu & Kashmir and Ladakh at Srinagar1 [Hereinafter referred to as ‘High Court’] in Criminal Miscellaneous Petition No. 111 of 2023 connected with Writ Petition (Civil) No. 592 of 2023, whereby the High Court dismissed the said inter-connected petitions, filed by the appellant (victim) seeking registration of the FIR against the police personnel; transfer of the investigation to Central Bureau of Investigation2 [Hereinafter referred to as ‘CBI’] and quashing of t
Custodial torture allegations necessitate immediate FIR registration; a preliminary inquiry is impermissible, reinforcing mandatory action under the law.
The court emphasized that the power to quash FIRs should be exercised sparingly and only in exceptional cases where the allegations do not disclose any offence or the prosecution is barred by law. Th....
The State has a constitutional obligation to ensure the safety of individuals in police custody; custodial deaths demand scrutiny and compensatory measures for rights violations.
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