Compensatory Jurisprudence of Constitutional Courts XV : Custodial Violence II

Khursheed [Police Constable-Baramulla] on 17/02/2023 received a signal from Aijaz Ahmad Naiko [Deputy Superintendent of Police-Kupwara] to report on 20/02/2023. The unprecedented gravity of this case involving brutal and inhuman custodial torture, characterised by complete mutilation of Khursheed’s genitalia, represents one of the most barbaric instances of Police atrocity which State is trying to defend and cover up with all pervasive power. The glaring procedural violations reflects institutional malice of the highest order. We are constrained to direct transfer of investigation to CBI. We direct, interim compensation of Rs. 50 Lakhs to Khursheed. State Government shall be under an obligation to recover said amount from those found guilty. Khursheed can pursue further remedies for additional compensation.

– Hon’ble Justice Sandeep Mehta, Khursheed Ahmad Chohan v. Union of Territory of Jammu and Kashmir, [Special Leave Petition (Criminal) Nos. 13751-13752 of 2023].