A court in north Kashmir's Kupwara district granted bail on Tuesday to eight police personnel, including a Deputy Superintendent of Police (DSP), who were accused of illegally detaining and severely torturing a fellow Jammu and Kashmir police constable for six days in February 2023.
The Bail Order and Changed Charges
The principal district and sessions judge of Kupwara directed the superintendent of Humhama subsidiary jail in Srinagar to release the accused. This order came after they furnished bail and surety bonds of Rs 1 lakh each. The crucial development leading to the bail was the Central Bureau of Investigation (CBI) dropping the most serious charges against the accused.
Advocate Ahrar Dar, representing the accused, argued that a "crucial and material change of circumstance" occurred after investigators removed the stringent counts under IPC sections 307 (attempt to murder) and 326 (grievous hurt by dangerous weapons). "The legal impediment of section 307, which was the cornerstone of the previous bail rejection, no longer exists," Dar stated, adding that the case now rests on less severe charges within the court's bail jurisdiction.
Background of the Alleged Torture Case
The case originates from a CBI FIR registered on July 26 this year, filed on the directions of the Supreme Court. The apex court had taken cognizance of allegations that constable Khursheed Ahmed Chowhan was unlawfully held at the joint interrogation centre in Kupwara from February 20 to February 26, 2023.
He was allegedly subjected to severe abuse "on the pretext of investigating narcotics-related offences". The petition filed in the Supreme Court by Chowhan's wife, Rubeena Akhter, contained horrific details. It alleged her husband was:
- Beaten with iron rods and wooden sticks.
- Given electric shocks.
- Left critically wounded with claims of mutilation.
- Suffered grievous harm to private parts.
- Subjected to insertion of iron rods and chili powder forced into his rectum.
Rubeena Akhter had approached the top court after the J&K high court declined to order the registration of a case. Acting on the Supreme Court's July 21 order, the CBI filed a chargesheet in the case on October 22 this year.
Legal Arguments and Prosecution Hurdle
During the bail hearing, Advocate Dar pointed out another significant legal hurdle for the prosecution. He stated that the home department had not granted the mandatory sanction to prosecute the accused at the time of filing the chargesheet. This lack of sanction was presented as a factor in the bail consideration.
While the CBI opposed the bail application, the court ultimately granted relief after hearing arguments from both sides. The case highlights a serious allegation of custodial torture within the police force and the complex legal procedures that follow such incidents.
