The Chief Judicial Magistrate, Kathua Ajay Kumar today granted last opportunity to the Senior Superintendent of Police, Kathua to file ‘Action Taken Report’ (ATR) in an application/complaint 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 29, 2025 and thereafter, illegally detained/arrested 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 02, 2014 titled Arnesh Kumar V/s State of Bihar and Anr reported as 2014 (8) SCC 273.
When this matter of wide public importance highlighting custodial torture came up for hearing, the APP Ankush Gupta appearing for the Senior Superintendent of Police Kathua filed an application seeking extension of time for submitting the ATR as directed by the Court on the last date of hearing. APP Ankush Gupta further submitted that SSP Kathua has entrusted a preliminary enquiry in terms of section 173 (3) BNSS, 2023 to Inspector Sajjad Mughal presently posted at District Police Lines, Kathua. The APP further submitted that a short adjournment be granted to place the enquiry report as well as the ATR before the Court.
On the other hand, Advocate S.S. Ahmed with Advocate Vishal Gupta appearing for the applicants/complainants submitted that dilatory tactics are being adopted to scuttle Rule of Law and to make the matter infructuous. Advocate S.S. Ahmed further submitted that the law laid down by the Apex Court in Lalita Kumari’s case is being thrown to winds as cognizable offences are disclosed warranting registration of FIR against the erring police officials who inflicted third degree torture upon the complainants initially at Atal Setu and later, at Police Station Basohli.
Advocate S.S. Ahmed further submitted in the open Court that the complainants and their contractor Aftab are being continuously harassed and victimised by the erring police officials through various sources and they are being pressurized to settle the matter outside the Court after withdrawing the proceedings from the Court of Law. Advocate Ahmed further submitted that this process of harassment must be brought to end as the poor labourers are getting sleepless nights and they are being threatened of being implicated in false cases. Advocate Ahmed also sought the indulgence of the Court so that the applicants/complainants are not harassed any further.
At this stage, APP Ankush Gupta appearing for SSP Kathua assured the Court that he will immediately convey the concern to the SSP Kathua so that the applicants are not harassed/victimized.
After considering the submissions of both the sides, the Chief Judicial Magistrate Kathua, Ajay Kumar granted last opportunity to the SSP Kathua to file ATR by or before the next date of hearing i.e. August 18, 2025.