CJM directs Kathua SSP to file FIR over alleged custodial torture of two Punjab labourers

JAMMU: A magisterial court in Jammu’s Kathua district has directed the SSP to register an FIR in connection with the alleged custodial torture of two Punjab labourers at a police station in Basohli town.

While disposing of an application filed by the aggrieved labourers, Sukar Deen and Fareed Mohammad, both residents of Chibber village in Pathankot district, chief judicial magistrate Ajay Kumar directed the SSP to entrust the investigation to an experienced and independent police officer, and submit a report to the court on the action taken within a week of receiving a copy of the order. The CJM noted that the police personnel involved appeared to have been given a clean chit after a perfunctory inquiry, “whereas investigation can be done in a case only after the registration of FIR”.

The two accused were picked up from Atal Setu in Basohli on June 29 by a police team led by sub-divisional police officer (SDPO) Suresh Kumar and booked under BNS sections 132 (assaulting or using criminal force against public servants to prevent them from performing their duty), 221 (obstructing public servants in discharge of public functions) and 352 (intentional insult with intent to provoke breach of peace), among other provisions.

A PIL was also filed on behalf of the duo on July 15, seeking initiation of contempt of court proceedings against 11 police personnel for their “wilful defiance” of the Supreme Court’s landmark judgment in the D K Basu & Anr vs State of West Bengal — which laid down guidelines to be followed while making arrests/detentions — aimed at curbing custodial violence.

Taking a serious view of the matter, the J&K high court on July 21 issued notices to 11 police personnel, including Basohli SDPO Suresh Kumar and SHO Geetanjli.
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