Custodial torture of two Punjab labourers: CJM Kathua orders registration of FIR

STATE TIMES NEWS

JAMMU: In a major development carrying wide public importance, Chief Judicial Magistrate (CJM) Kathua Ajay Kumar has directed the Senior Superintendent of Police (SSP), Kathua to register an FIR at Police Station Basohli over the alleged custodial torture of two Punjab labourers at the Atal Setu bridge and to ensure the case is probed by an experienced and independent police officer.
The order came while disposing of an application filed by the aggrieved labourers, Sukar Deen and Fareed Mohammad, both residents of Village Chibber, Tehsil Dhar Kalan, Pathankot (Punjab), who alleged brutal torture at the hands of Basohli police personnel during midnight patrol on June 29, 2025.
Appearing for the applicants, Advocate S.S. Ahmed with Advocates Supriya Chouhan, M. Zulkarnain Chowdhary, and Vishal Gupta pressed for strict action against the erring police officers. The CJM, after hearing arguments and perusing the material, held that the allegations disclosed commission of cognizable offences and, in terms of the Supreme Court’s ruling in Lalita Kumari vs. Govt. of U.P., registration of FIR was mandatory.
The court observed that the preliminary enquiry conducted earlier had impermissibly given a clean chit to police officers without FIR registration, which could not be sustained in law. It held that “bare denial” by police personnel cannot be accepted at face value without proper investigation. The CJM clarified that the FIR should not name any officer specifically at this stage, leaving the matter open for an independent probe.
The case stems from June 29, 2025, when the two labourers were allegedly tortured by a team led by SDPO Basohli Suresh Kumar, along with other officers and officials, and subsequently booked in FIR No. 61/2025 at Police Station Basohli. The next day, when produced before the Munsiff/JMIC Basohli, the court noted visible injuries on the duo and recorded that Supreme Court guidelines in D.K. Basu vs. State of West Bengal had not been followed.
The labourers have also moved a contempt petition in the High Court of J&K and Ladakh at Jammu against 11 police personnel, alleging violation of apex court guidelines in D.K. Basu and Arnesh Kumar cases. On July 21, 2025, the High Court issued notices to the implicated officers, including SDPO Suresh Kumar, SHO Geetanjali (JKPS), and nine other personnel.

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