In a significant order, Justice Vinod Chatterji Koul of High Court of J&K and Ladakh at Jammu has stayed the operation of FIR No.0061/2025 dated 30.06.2025 u/s 132-221, 352, 3 (5) BNS, 2023 registered at Police Station, Basohli against two Punjab Labourers namely Sukar Deen S/o Sardari Deen and Farid Mohammad S/o Rahim Baksh both residents of Village Chibber, Tehsil Dhar Kalan (Pathankot).
After hearing Advocate S.S. Ahmed appearing for the two Punjab Labourers who have sought the quashment of the impugned FIR No.0061/2025 dated 30.06.2025 and have also prayed that Govt. of J&K in Home Department be directed to pay compensation to the petitioners assessed @ Rs.50 lacs each for the brutal custodial midnight torture allegedly inflicted upon the petitioners by the officers /officials of Police Station, Basohli, Justice Vinod Chatterji Koul issued notices to Principal Secretary to the Govt. of J&K, Home Department, Director General of Police (J&K), Inspector General of Police, Jammu Zone, SSP, Kathua and SHO, Police Station, Basohli returnable within four weeks time and in the meantime subject to objections from the other side and till the next date of hearing, Justice Vinod Chatterji Koul stayed the operation of FIR No.0061/2025 dated 30.06.2025 registered at Police Station, Basohli.
When this much publicized case of two Punjab Labourers highlighting custodial torture came up for hearing, Advocate S.S. Ahmed submitted that the instant case is not ordinary run of the mill case as the poor /innocent labourers were brutally tortured at Atal Setu by a police team headed by SDPO, Basohli and thereafter they were also beaten mercilessly at Police Station, Basohli and with a view to cover up the custodial torture, a false /frivolous FIR No.0061/2025 dated 30.06.2025 was registered against the petitioners at Police Station, Basohli alleging that the two labourers attacked the police at Atal Setu and thus interferred in the performance of their duties.
Advocate S.S. Ahmed drew the attention of the Division Bench to the Order dated30.06.2025 passed by the Munsiff/JMIC, Basohli in the Remand Application and in the said order the JMIC, Basohli clearly stated that the accused /two labourers have been arrested at 2:00 A.M. on 30.06.2025 and all the guidelines and safeguards laid down by the Apex Court in the case titled D.K. Basu V/s State of West Bengal stands not complied by the police in this case as the accused persons were beaten in the Police Station and they have been stated by the Doctor to be not medically fit as per their Medical Examination Report and Doctor has mentioned injuries on both the accused persons. The JMIC, Basohli accordingly declined the police remand and remanded the accused for a period of five days to judicial custody and further observed that the grounds of arrest have been apprised to the accused persons in the open court.
Advocate S.S. Ahmed also drew the attention of the court to the photographs annexed with the petition showing the injuries inflicted upon the petitioners during their police custody. He further submitted that the petitioners got the treatment at Civil Hospital, Pathankot and the injuries have been substantiated also by SDH, Basohli.
After considering the submissions of Advocate S.S. Ahmed appearing for the petitioners, Justice Vinod Chatterji Koul stayed the operation of the impugned FIR No.0061/2025 dated 30.06.2025 and directed the Registry to re-notify the instant petition on 18.10.2025.