Excelsior Correspondent
SRINAGAR, Oct 5: The Chief Judicial Magistrate (CJM) Srinagar has turned down the bail plea of eight persons including Deputy Superintendant of Police (DySP) in custodial torture of their fellow police man two years ago.
The CJM Srinagar presided over by Adil Mushtaq Ahmad rejected three bail application in a common order filed by eight J&K Police personnel including a DySP involved in custodial torture of their fellow police man in the year 2023.
They were arrested by Central Bureau of Investigation for inflicting “brutal and inhuman custodial torture”. Notably the Supreme Court on last month in a detailed judgment ordered the CBI probe into the alleged custodial torture of one Khurshid Ahmad Chowhan working as constable in the Police Department and directed compensation of Rs 50 lakh to his next kins.
The FIR against these accused persons was registered pursuant to the Supreme Court directions. The prosecution case projects a chain of events and evidence involving unlawful custody, systematic torture, and grievous injuries inflicted upon the victim-Chowkhan within Joint Interrogation Centre (JIC) Kupwara during 20-26 February 2023.
The victim- Chowhan, as per the prosecution story was posted as a Police Constable at District Police Headquarters, Baramulla. The JIC Kupwara facility functioned as a temporary interrogation centre was overseen by senior officers including the applicant-accused.
The court while refusing to grant the bail to all the accused said that none of the three applications disclose any exceptional circumstance warranting departure from the settled principle that bail is not to be granted in serious custodial violence cases at the investigative stage.
These bail applications were moved by Aijaz Ahmad Naik (Dy.SP), Riyaz Ahmad Mir, Tanveer Ahmad Malla, Altaf Hussain Bhat, Mohammad Younis Khan, Shakir Hussain Khoja, Shahnawaz Ahmad Deedad and Jehangir Ahmad Beigh.
The prosecution opposed their bail plea, citing the seriousness of offences, supervisory and direct complicity of the accused, risk of tampering with evidence and influencing witnesses, ongoing investigation, and the larger public interest.
The CBI counsel argued that grant of bail at this stage would undermine the rule of law and erode public confidence in accountability of law enforcement personnel.
“The case is one of custodial torture resulting in mutilation of genitalia, fractures and multiple grievous injuries, fully supported by medical and forensic evidence and the allegations, taken at their face value, clearly disclose the ingredients of Section 307 IPC, and that the question whether the charge ultimately sustains is a matter for trial, not for determination in bail proceedings”, prosecution counsel argued.
The court said, it cannot embark upon a meticulous appreciation of evidence or record a finding as to whether a particular offence is conclusively made out. However, added, that the court is required to form a prima facie view of the nature and gravity of the accusation.
“Once prima facie material exists to indicate culmination of the torture resulting in grievous bodily injuries, including mutilation of the genitalia, fractures, extensive bruising, and other trauma, the Court is bound to consider the gravity of the accusation and societal interest”, read the order.
The court further added, that evidence collected viz, medical, testimonial, forensic and electronic prima facie point out a case of custodial torture and illegal confinement and custodial torture by police personnel not only violates fundamental rights but erodes public trust in the rule of law.
“The gravity of these allegations, supported by prima facie evidence, weighs strongly against the grant of bail at this stage. The applicant’s reliance on Article 21 of the Constitution is duly considered. However, personal liberty, though fundamental, is not absolute and must yield to the imperatives of justice, particularly where release may prejudice investigation or undermine societal confidence”, the court recorded.
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