High Court Overturns Magistrate's Order: Economic Offences Wing Lacks Jurisdiction in Custodial Death Probe

Case Overview

In a significant ruling on police jurisdictional powers, the High Court of Jammu & Kashmir and Ladakh at Srinagar has set aside an order by a trial magistrate directing the Economic Offences Wing (EOW) to investigate allegations of custodial torture and killing. The decision, delivered by Hon’ble Mr. Justice Sanjay Dhar on December 3, 2025, in CRM(M) No. 354/2022, emphasizes that specialized police units like the EOW can only handle offences within their mandated scope, as defined by government notifications.

The petition was filed by the Senior Superintendent of Police, EOW Kashmir, challenging a July 15, 2022, order from the Judicial Magistrate 1st Class (City Judge), Srinagar. The magistrate had instructed the SHO of Police Station Crime Branch Srinagar—now reorganized as EOW—to register an FIR against respondent No. 2 (an unnamed police official) and others from Police Station Nowgam, following a complaint by Shafiq Muneer alleging the torture and death of her son in custody.

Background and Parties Involved

Shafiq Muneer, the complainant and respondent No. 1, approached the magistrate claiming her son was subjected to torture leading to his death by officers at Police Station Nowgam. The magistrate's order mandated investigation by the EOW, viewing it as an appropriate agency for such serious allegations.

The petitioner, represented by Advocate Maha Majid, argued that the EOW's jurisdiction is limited to specific economic and financial offences under Notification S.O 232 dated May 9, 2022. This notification designates the EOW office in Srinagar as a police station but restricts it to investigating a predefined list of offences, excluding custodial violence or homicide cases. No representation appeared for the respondents despite service.

Key Arguments

The core contention revolved around jurisdictional limits. The petitioner asserted that custodial torture and killing fall outside the EOW's purview, as these do not align with the economic offences outlined in the annexure to S.O 232. They emphasized that the former Crime Branch's expanded role under the superseded SRO 202 of 1999 (now S.O 232) does not extend to general custodial death probes, which should be handled by the jurisdictional local police station, such as Nowgam.

The court noted the absence of counter-arguments from the respondents but focused on the legal framework. Justice Dhar reviewed the complaint's allegations and concluded that directing a non-jurisdictional agency undermines procedural integrity under the Cr.P.C., particularly Section 482, which allows inherent powers to prevent abuse of process.

Legal Precedents and Principles Applied

The judgment drew on the precedent set by a coordinate bench in S. Balbir Singh vs. Ishar Das , 2010(3) JKJ [HC] 180. In that case, the court interpreted similar jurisdictional constraints under the then-applicable SRO 202 of 1999, holding that magistrates can only direct specialized units like the Crime Branch to investigate if the offence falls within their notified scope. Otherwise, directions must go to the jurisdictional police station.

Justice Dhar distinguished this from broader magisterial powers under Cr.P.C., clarifying that while Section 156(3) allows magistrates to order FIR registration and investigation, it must respect agency-specific jurisdictions. The ruling reinforces principles of administrative efficiency and prevents overreach by specialized wings into routine custodial matters, which have societal implications but require local police handling to ensure impartiality.

Pivotal Excerpts from the Judgment

Key reasoning is captured in paragraph 8: "Such type of offence [custodial torture and killing] does not find mention in the list of offences mentioned in Annexure to S.O 232 dated 09.05.2022. Therefore, the learned trial Magistrate was not empowered to direct Economic Offences Wing, Srinagar to register an FIR and investigate the case, as the same is beyond the jurisdiction of aforesaid Investigating Agency."

Earlier, in paragraph 6, the court analyzed the notification: "A perusal of Notification S.O 232 dated 09.05.2022 reveals that the Government has declared inter alia the office of Economic Offences Wing, Srinagar as the Police Station... So far as the offence relating to custodial torture and killing is concerned, the same does not figure in the list of offences which are eligible to be registered and investigated."

Court's Decision and Implications

The High Court allowed the petition, quashing the magistrate's order as unsustainable in law. The case was remanded to the Judicial Magistrate 1st Class, Srinagar, with directions to pass fresh orders on Shafiq Muneer's complaint in accordance with law—likely routing the investigation to the appropriate jurisdictional police station.

This ruling has broader implications for procedural law in Jammu & Kashmir and Ladakh. It underscores the need for precise adherence to notification-based jurisdictions, potentially streamlining investigations by preventing misallocation of resources from specialized economic units to non-financial crimes. For victims of custodial violence, it highlights the importance of targeting the correct agency, while reminding magistrates of their duty to verify jurisdictional competence before issuing directions. The decision may influence similar challenges in regions with restructured police wings, promoting clarity in Cr.P.C. applications.