Custodial torture of labourers
Excelsior Correspondent
JAMMU, Aug 11: In a case that has stirred concerns over custodial violence and alleged police high-handedness, Chief Judicial Magistrate (CJM) Kathua Ajay Kumar today granted a final opportunity to the Senior Superintendent of Police (SSP) Kathua to file an Action Taken Report (ATR) in a plea seeking registration of an FIR against senior police officers of Basohli.
The application filed under Section 175(3) of the BNSS, 2023 by two Punjab labourers—-Sukar Deen and Farid Mohammad of Chibber village, Pathankot — alleges that they were subjected to third-degree torture by the SDPO Basohli and other officers, first at Atal Setu and later inside Police Station Basohli on June 29, 2025. The complainants also allege they were unlawfully detained in violation of the Supreme Court’s guidelines in D K Basu Versus State of West Bengal (1997) and Arnesh Kumar Versus State of Bihar (2014).
When the matter came up for hearing, APP Ankush Gupta, representing the SSP Kathua, sought additional time to submit the ATR, informing the court that a preliminary enquiry had been entrusted to Inspector Sajjad Mughal of District Police Lines, Kathua. He sought a short adjournment to place the enquiry report and ATR before the court.
However, counsel for the complainants, Advocate S S Ahmed assisted by Advocate Vishal Gupta, accused the police of employing “dilatory tactics” to frustrate the proceedings and undermine the rule of law. They argued that the allegations disclose cognizable offences requiring immediate registration of an FIR, as per the Lalita Kumari judgment.
Advocate Ahmed further alleged that the complainants and their contractor, Aftab, were being harassed and pressured to withdraw the case, warning that the poor labourers were being threatened with false cases if they did not comply. He urged the court to ensure that no further harassment occurs.
APP Ankush Gupta assured the court that he would convey the concerns to the SSP Kathua to prevent any victimisation of the complainants.
Granting the SSP Kathua a final opportunity, the CJM directed that the ATR must be filed on or before the next hearing on August 18, 2025.
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