Kashmir Custodial Torture Case: Court Discharges DSP, Orders Trial Of 7 Policemen

Srinagar: A court in north Kashmir’s Kupwara district has discharged a Deputy Superintendent of Police (DSP) while directing trial against seven other police personnel in a Central Bureau of Investigation (CBI) probe into an alleged custodial torture case.

The order was passed by Principal District and Sessions Judge Manjeet Singh Manhas while hearing arguments on whether to frame charges or discharge the accused in a case registered by the CBI.

The case stems from a 2025 FIR lodged on the directions of the Supreme Court of India, following allegations that a police constable, Khursheed Ahmed Chohan, was illegally detained and tortured at the Joint Interrogation Centre in Kupwara in February 2023. The CBI had filed a chargesheet against eight police personnel under various sections of the Indian Penal Code, including criminal conspiracy, wrongful confinement and causing hurt to extract a confession.

After reviewing the case material, the court found no prima facie evidence against DSP Aijaz Ahmad Naik. It said there was no indication in the record that he physically took part in the alleged acts. The court added that the material against him did not rise to the level required to proceed to trial and discharged him from the case.

In a detailed 19-page order, the court said the evidence against the remaining accused pointed to active and continued involvement in the alleged custodial abuse. It directed that charges be framed against seven personnel, including a sub-inspector, special police officer and constables named in the chargesheet.

The court observed that cases involving alleged violence in custody carry specific legal implications and said injuries sustained during custody hold particular significance. Referring to medical records and other evidence, it said the material indicated that the injuries were consistent with custodial violence and could not be treated as incidental.

Rejecting requests to discharge the other accused, the court said the prosecution’s material, including the victim’s statement and medical evidence, presented a consistent account with specific roles attributed to each accused.

The court said that at this stage it was only required to determine whether the material raised strong suspicion of involvement, not to conduct a detailed examination of evidence.

It directed that charges be framed under relevant provisions of the Indian Penal Code, including Sections 120-B, 323, 325, 330, 331 and 343. The case has been listed for further proceedings, and the accused have been asked to appear before the court for framing of charges and continuation of the trial.

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