CJM orders SSP Kathua to register FIR in custodial torture of two Punjab labourers

Chief Judicial Magistrate Ajay Kumar on Monday ordered the SSP Kathua to register an FIR in the alleged custodial torture case of two Punjab labourers at Atal Setu, Basohli, and entrust the investigation to an experienced and independent police officer.

The court made it clear that the FIR would not be directed against any particular police officer or official, but instructed the SSP to entrust the probe to an experienced and independent police officer for thorough investigation under the relevant provisions of law.

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While disposing of an application filed by the two Punjab labourers, Sukar Deen and Fareed Mohammad both residents of Pathankot (Punjab) alleging brutal torture at the hands of officers/officials of Basohli Police at famous Atal Setu (Basohli), the Chief Judicial Magistrate, Kathua, also sent a copy of his 25 Pages Order to the SSP, Kathua for compliance and further directed that the action taken be shared by the SSP Kathua with the court within a week after receiving copy of the order.

After hearing advocate SS Ahmed with advocates Supriya Chouhan, M. Zulkarnain Chowdhary and Vishal Gupta appearing for the two Punjab Labourers whereas APP Kathua Ankush Gupta for SSP Kathua/SHO, Police Station, Basohli, the Chief Judicial Magistrate, Kathua, observed that in this case there are serious allegations of custodial violence committed on the applicants at the hands of the police and in terms of the settled law, it is mandatory for the police to register an FIR in the case.

Having gone through the Action Taken Report, it seems that the Inquiry Officer has done an investigation into the matter and has given a clean chit to the police personnel, whereas an investigation can be done in a case only after the registration of FIR.

The CJM further observed that the innocence claimed by the police authority cannot be accepted at this stage of the case. It is clearly held by the Supreme Court in Lalita Kumari’s judgment that ‘‘the registration of FIR is mandatory under Section 154 of the code if the information discloses commission of a cognizable offence and no preliminary enquiry is permissible in such a situation.”

The two Punjab labourers on 29 June 2025 were stopped by a police team led by SDPO, Basohli Suresh Kumar including some other police officials during midnight allegedly resorted to third-degree torture of the two labourers and thereafter they were booked in FIR No.61/2025 dated 30-06-2025 under Section 132/221/352/3(5) BNS, 2023 registered at Police Station, Basohli.

The two labourers on 15 July also filed a contempt petition in the High Court of J&K and Ladakh at Jammu seeking initiation of Contempt of Court proceedings against the erring 11 police officers/officials for their “wilful defiance” of court orders in similar cases.