Excelsior Correspondent
Srinagar, Dec 8: The Principal District Judge (PDJ) Kupwara today turned down the bail plea of eight cops including Deputy Superintendent of Police (DySP) in custodial torture of their fellow police man two years ago.
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PDJ Kupwara Manjeet Singh Manhas rejected the 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 2023.
They were arrested by Central Bureau of Investigation for inflicting “brutal and inhuman custodial torture” to the cop.
Supreme Court 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 and directed compensation of Rs 50 lakh to his next of 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-Chowhan within Joint Interrogation Centre (JIC) Kupwara during 20-26 February 2023.
The victim, 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 DySP.
The court while refusing to grant bail to all the accused said that they have not been able to make out any case for grant of bail at this stage. “The plea of default bail is untenable in law in view of the presentation of the challan within the statutory period, and no substantial change in circumstances has occurred subsequent to the rejection of their earlier bail applications”, read the order.
The court added that the legal effect of absence of sanction, if any, shall be examined at the appropriate stage of consideration of charge/discharge and not at this interim stage. The Court, accordingly, termed the bail applications as devoid of merit and dismissed the same.
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 challan in the present FIR against all the accused has been committed to the same Court and the court said that the arguments on charge are yet to be advanced, it is only after such arguments are heard that this Court can frame an opinion as to whether charges are made out against the accused persons.
“At this premature stage, whether the prosecution has carved out a prima facie case or not cannot be conclusively determined. Until a finding is arrived at on the issue of charge, the accused can be remanded to judicial custody, pending a comprehensive hearing of both sides”, the court said.
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