Court frames charges in custodial torture case, DySP discharged

Excelsior Correspondent
SRINAGAR, Apr 24: A court in Kupwara ordered framing of charges against seven accused in a custodial torture case investigated by the Central Bureau of Investigation (CBI) even as it discharged a senior police officer due to lack of sufficient evidence.
The order was passed by the Principal District and Sessions Judge, Kupwara in a case arising out of an FIR (RC-0482025S0008) registered by the CBI.
In its FIR registered on the orders of the Supreme Court, the CBI had named Deputy Superintendent of Police Aijaz Ahmad Naiko and others, who were then posted at the Joint Interrogation Centre, Kupwara.
The court observed that the material on record, including the victim’s statement and medical evidence, prima facie indicates custodial violence. The order notes that injuries found on multiple parts of the body were consistent with physical assault rather than self-inflicted harm.
The CCTV footage and forensic evidence were also examined during the investigation. While the footage did not cover the entire period, the court said it does not conclusively negate the prosecution’s case at this stage.
The court framed charges under multiple provisions of the Indian Penal Code, including Sections 120-B (criminal conspiracy), 323, 325, 330, 331, and 343, relating to hurt, grievous hurt, and wrongful confinement.
However, DySP Naik was discharged from the case. The court held that there was no material indicating his direct participation, facilitation, or knowledge of the alleged acts beyond his supervisory role.
Sub-Inspector Riyaz Ahmad and six other Police officials-Jahangeer Ahmad Beigh, Mohammad Younis Khan, Shakir Hussain, Tanveer Ahmad Malla, Altaf Hussain Bhat and Shahnawaz Ahmad Deeda have been charged and will now face trial over “brutal and inhuman custodial torture” over six days on Constable Khursheed Ahmad Chohan.