In a significant order, the Chief Judicial Magistrate, Kathua Ajay Kumar has directed the Senior Superintendent of Police, Kathua to file ‘Action Taken Report’ (ATR) in an application/compliant under section 175(3) BNSS, 2023 filed by two Punjab Labourers namely Sukar Deen and Farid Mohammad, both residents of Village Chibber, District Pathankot (Punjab) seeking registration of an FIR against the Police Officers/officials of Police Station, Basohli including SDPO Basohli who inflicted third degree torture upon the applicants/complainants initially at Atal Setu and later at Police Station, Basohli on June 29th, 2025 and thereafter illegally detained them contrary to the guidelines issued by the Supreme Court of India in case titled D.K.Basu v/s State of West Bengal reported as 1997 (1) SCC 416 and Judgement dated July 2nd, 2014 titled Arnesh Kumar V/s State of Bihar and Anr reported as 2014 (8) SCC 273.
After hearing Advocate S.S. Ahmed with Advocate Vishal Gupta appearing for the applicants/complainants and the two applicants who were present in person, the CJM Kathua Ajay Kumar directed the SSP, Kathua to file ATR before the next date of hearing i.e. August 11th, 2025.
In the application filed U/s 175(3) BNSS, 2023 the two victims have stated that on June 29th, 2025, a Police contingent led by SDPO, Basohli without any lawful justification started beating them at Atal Setu and then they were taken to Police Station, Basohli where they were subjected to third degree torture for almost two hours. They were bitten by the police officials, their fingernails were removed and different kind of tortures were inflicted upon them and in order to justify their illegal act, a false/frivolous FIR No.0061/2025 dated June 30th, 2025 U/s 132/221/352/3(5) BNS’2023 was registered against the applicants at Police Station, Basohli as a cover-up exercise.
It is further highlighted in the complaint that on June 30th, 2025, the Investigating Officer of the case PSI Kusum Sulakhiya produced the applicants in the Court of Munsiff (JMIC), Basohli Bhanu Bhasin for seeking police remand of five days. The Learned Munisff (JMIC), Basohli after observing the physical condition of the applicants and after going through the CD File observed that the guidelines/safeguards in case titled D.K. Basu Vs State of West Bengal have not been complied with by the Police and the applicants have been beaten in the Police Station, Basohli and for this reason, the Learned JMIC, Basohli Bhanu Bhasin declined Police remand and granted a Judicial remand for a period of five days and the Court further observed that the applicants were apprised the grounds of arrest in the open Court.
In the complaint, it has been further stated that both the applicants were admitted to interim bail on July 1st, 2025 and their bail was made absolute on July 7th, 2025. Both the applicants after their discharge from Civil Hospital, Pathankot sent a detailed application on July 7th, 2025 alongwith the documentary evidence to the SHO Police Station, Basohli seeking registration of FIR against SDPO, Basohli and other police officials for their inhuman act of brutally torturing them at Atal Setu and later at Police Station, Basohli. However, no FIR was registered in the matter. Thereafter, it was on July 23rd, 2025, the applicants approached the SSP, Kathua with a written request to register FIR in the matter in view of the refusal of SHO Basohli but SSP, Kathua did not move in the matter and thus the applicants have been constrained to approach the Court of Learned Chief Judicial Magistrate, Kathua.
In the application, the applicants have also submitted that on July 15th, 2025, they knocked at the doors of Hon’ble High Court of J&K and Ladakh at Jammu through a Contempt Petition CCP (S) No.236/2025 titled Sukar Deen and Anr. Vs Suresh Kumar & Ors seeking initiation of Contempt proceedings against 11 police officers/officials of Basohli Police Station/Sub-Division, Basohli namely Suresh Kumar (SDPO), Geetanjli (JKPS), Kusum Sulakhiya (PSI), Abhinav Kotwal (PSI), Naresh Kumar (Head Constable), Banarasi Dass (Head Constable), Vijay Kumar (SgCT), Hemraj (SgCT), Surinder Kumar (SPO), Sahil Singh (SPO) and Ajay Kumar (SPO) for their willful/intentional defiance of judgements/Guidelines of the Apex Court in the much publicized cases of D.K. Basu and Arnesh Kumar. The applicants have further stated that a Bench of the High Court of J&K and Ladakh headed by Justice Moksha Khajuria Kazmi after taking serious view of the matter issued notices to the 11 Police Officers/Officials in the said Contempt Petition named above and directed them to file their stance on the adjourned date of hearing i.e. September 3rd, 2025.
After considering the averments made in the complaint/application and the arguments advanced by Advocate S.S. Ahmed with Advocate Vishal Gupta, the Chief Judicial Magistrate, Kathua Ajay Kumar directed Senior Superintendent of Police, Kathua to file ‘Action Taken Report’ (ATR) in the matter and fixed the case for further consideration on August 11th, 2025.