In a significant order, Justice Moksha Khajuria Kazmi has issued notices to SDPO Basohli-Suresh Kumar, Geetanjali (JKPS)-SHO Police Station, Basohli, PSI Kusum Sulakhiya, PSI Abhinav Kotwal, Head Constable Naresh Kumar, Head Constable Banarsi Dass, SGCT Vijay Kumar, SGCT Hem Raj, SPO Surinder Kumar, SPO Sahil Singh, SPO Ajay Kumar, returnable within 03 weeks in a Contempt Petition filed by two residents of Pathankot (Punjab) namely Sukar Deen and Farid Mohammad seeking initiation of Contempt of Court proceedings against the above mentioned officers/officials of J&K Police for their wilfull/ intentional defiance of Apex Court Guidelines laid down in the judgements titled DK Basu & Anr. V/s State of West Bengal & Anr. and Arnesh Kumar V/s State of Bihar as the aforementioned police officials illegaly/arbitrarily detained the two petitioners at 12:30 AM on 30.06.2025 and brutally tortured them at Atal Setu (Basohli) and later at Police Station, Basohli by throwing the Supreme Court guidelines to winds.
When the Contempt Petition came up for hearing before Justice Moksha Khajuria Kazmi, Advocate S.S Ahmed with Advocate Rahul Raina drew the attention of the court towards the photographs of the petitioners showing grievous injuries sustained by them because of the mid-night brutal torture by the aforesaid Police Officers/Officials at historic Atal Setu Bridge Basohli for none of their fault and the said injuries have been confirmed by the doctors of SDH, Basohli and Civil Hospital, Pathankot upon their medical examination.
Advocate S.S Ahmed further pointed out that the two petitioners were produced before Munsiff (JMIC) Basohli, Bhanu Bhasin on June 30,2025 by PSI Kusum Sulakhyia for seeking their police remand for 05 days and JMIC, Basohli after going through the CD file observed that all the guidelines and safeguards laid down by the Apex Court in case titled D.K. Basu Vs State of West Bengal reported as AIR 1997 SC 610, stands not complied by Police in the said case as the two accused (petitioners) have been beaten in the Police Station. The JMIC, Basohli further observed that the accused persons have been stated by the doctor to be not medically fit as per their medical examination report annexed with the remand application and doctor has mentioned injuries on both the accused persons. The JMIC Basohli looking into the deteriorating health condition of the two accused, remanded them to Judicial Custody for a period of 05 days instead of Police Custody. The JMIC, Basohli further observed that grounds of arrest have been apprised to the accused persons in the open court.
Advocate S.S Ahmed during the course of arguments further submitted that the Police Officers/Officials named above with a view to justify their illegal act lodged a false/frivolous FIR No.061/2025 under Section 32/221/352/3(5) BNS at P/S Basohli against the innocent petitioners and arrested them in the said FIR while violating the guidelines laid down by the Apex Court in case titled Arnesh Kumar V/s State of Bihar reported as (2014) 8 SCC 273 wherein the Apex Court has held that no person shall be detained/arrested in cases where offence is punishable with imprisonment for a term which may be less than 07 years or which may extend to 07 years whether with or without fine.
Advocate S.S Ahmed strenuously argued that the entire team of Basohli Police bluntly and blatantly violated the mandate of the guidelines laid down by the highest court of the country in the aforementioned judgments passed in DK Basu’s and Arnesh Kumar’s cases.
Advocate S.S Ahmed also drew the attention of the court towards the physical/clinical examination reports of the petitioners and submitted that the said injuries were the result of the third-degree torture inflicted upon the petitioners at Atal Setu (Basohli) and at P/S Basohli. He further submitted that no arrest memo was prepared nor grounds of arrest were disclosed to the petitioners and moreover, they were not required to be arrested as the punishment prescribed in the alleged offences was less than 7 years.
After considering the submissions of Advocate S.S Ahmed, Justice Moksha Khajuria Kazmi took cognizance of the Contempt Petition and issued notices to the aforementioned Police Officers/Officials and directed the registry to re-notify the instant Contempt Petition on September 3, 2025.