In a significant order of wide public importance, the Chief Judicial Magistrate, Kathua Ajay Kumar has directed SSP, Kathua to get an FIR registered at Police Station, Basohli in the much publicised midnight Custodial Torture of two Punjab Labourers at Atal Setu (Basohli) under the relevant provisions of law and get the case thoroughly investigated by an experienced and independent Police Officer.
While disposing of an application filed by the aggrieved two Punjab Labourers namely Sukar Deen and Fareed Mohammad both residents of Village Chibber, Tehsil Dhar Kalan, Sarti, Pathankot (Punjab) alleging brutal torture at the hands of officers/officials of Basohli Police at famous Atal Setu (Basohli), the Chief Judicial Magistrate, Kathua Ajay Kumar also sent a copy of his 25 Pages Order to the SSP, Kathua for compliance and further directed that the action taken be shared by the SSP Kathua with the court within a week’s time from receiving copy of the order.
After hearing Advocate S.S. Ahmed with Advocates Supriya Chouhan, M. Zulkarnain Chowdhary and Vishal Gupta appearing for the two Punjab Labourers whereas APP Kathua Ankush Gupta for SSP Kathua/SHO, Police Station, Basohli, the Chief Judicial Magistrate, Kathua Ajay Kumar observed that in this case there are serious allegations of custodial violence committed on the applicants at the hands of the police and in terms of the settled law, it is mandatory for the police to register an FIR in the case. Having gone through the Action Taken Report, it seems that Inquiry Officer has done investigation into the matter and has given a clean chit to the police personnel whereas investigation can be done in a case only after the registration of FIR.
The CJM Kathua Ajay Kumar further observed that the innocence claimed by the police authority cannot be accepted at this stage of the case. It is clearly held by the Hon’ble Supreme Court in the Lalita Kumari’s judgment that ‘‘the registration of FIR is mandatory under Section 154 of the code if the information discloses commission of a cognizable offence and no preliminary enquiry is permissible in such a situation.” The court further observed that when one goes through the averments/allegations contained in the present application, the information clearly discloses commission of a cognizable offence besides some non-cognizable offences. Thus in terms of the said judgment of the Hon’ble Apex Court and in view of the judgment of Hon’ble Apex Court in case of Khursheed Ahmad Chauhan, preliminary enquiry was clearly impermissible in such a situation. It is pertinent to note that by directing the registration of FIR, the Court is not expressing any opinion on the veracity of the allegations contained in the complaint or the correctness or otherwise of the conclusions arrived at by the Enquiry Officer during the enquiry. The court further observed that other than reply of Ms. Geetanjali who claims to be not on the scene during the relevant time, the replies of all other police personnel in the case are a bare denial of the allegations which cannot be taken at their face value at this stage without investigation into the counter allegations of the applicants. When the preliminary enquiry itself was impermissible in the case, the Court at the time of deciding this application cannot look into the conclusions arrived at in the police enquiry. The role of the erring police personnel has to be investigated.
The court while directing registration of FIR in the matter categorically observed that this court will not direct the same to be registered against any particular police officer/official and directed SSP, Kathua to entrust the investigation to an experienced and independent police officer.
The two Punjab Labourers on 29-06-2025 while patrolling on Atal Setu were stopped by a police team led by SDPO, Basohli Suresh Kumar including some other police officers and the police officials during midnight allegedly resorted to third-degree torture of the two labourers and thereafter they were booked in FIR No.61/2025 dated 30-06-2025 under Section 132/221/352/3(5) BNS, 2023 registered at Police Station, Basohli and when they were produced for remand on 30-06-2025 in the court of Munsiff/JMIC, Basohli, the court while declining the police remand observed that both the labourers have injuries and were beaten in the Police Station and the guidelines of the Supreme Court in case titled D.K. Basu V/s State of West Bengal stands not complied by the police in this case.
The two Punjab Labourers on July 15th, 2025 also filed a contempt petition in the High Court of J&K and Ladakh at Jammu seeking initiation of Contempt of Court proceedings against the erring 11 police officers/officials for their wilful /intentional defiance of judgment titled D.K. Basu & Anr. V/s State of West Bengal and Anr. and case titled Arnesh Kumar V/s State of Bihar and Anr. and on 21-07-2025, the High Court of J&K and Ladakh while taking a serious view of the matter issued notices to (1) Suresh Kumar, Sub-Divisional Police Officer (SDPO) Basohli, District Kathua; (2) Geetanjli (JKPS), Station House Officer, Police Station, Basohli, Kathua; (3) Kusum Sulakhiya, PSI, Police Station Basohli, Kathua; (4) Abhinav Kotwal, PSI, Police Station Basohli; (5) Naresh Kumar, Head Constable, Police Station Basohli; (6) Banarasi Dass, Head Constable, Police Station Basohli; (7) Vijay Kumar, SgCT, Police Station Basohli; (8) Hemraj, SgCT, Police Station Basohli; (9) Surinder Kumar, SPO, Police Station, Basohli; (10) Sahil Singh, SPO, Police Station, Basohli and (11) Ajay Kumar, SPO, Police Station, Basohli.