In a significant order, Justice Wasim Sadiq Nargal of the High Court of Jammu & Kashmir and Ladakh at Jammu has directed the personal appearance of the Investigating Officer (S.H.O., Police Station, Billawar) alongwith the CD file to apprise the Court with regard to the investigation being carried out in FIR No. 0032 of 2025 dated 09-03-2025 (infamous Makhan Din’s Custodial Torture Case) registered at Police Station, Billawar under Section 108, 127(2) and 115 (2) BNS, 2023. The Court also issued notice to the Chief Secretary, J&K Government, Principal Secretary to Government of J&K, Home Department, Principal Secretary to the Hon’ble Lieutenant Governor, CBI through its Director; DGP J&K, IGP Jammu Zone, SSP Kathua and SHO Police Station, Billawar and the notices were accepted by Sr. AAG Monika Kohli who was granted one week’s time to file the response.
These directions were passed in a writ petition filed by Mohd Mureed (Father of Makhan Din) and Juna Begum (Widow of Makhan Din), both residents of Village Bhatodi, Tehsil Billawar (Kathua) seeking transfer of investigation of case FIR No.0032 of 2025 dated 09-03-2025 to the Central Bureau of Investigation (CBI) so that the investigation is conducted fairly/independently and in an impartial manner.
Advocate Appu Singh Salathia in a jampacked Court advanced the arguments at length on behalf of the petitioners and vehemently argued that video of Makhan Din-a tribal of 26 years age went viral on social media on 05-02-2025 wherein he explicitly stated that during police custody at Police Station, Billawar, he was brutally tortured throughout the night with a view to compel him to confess his links with the militants operating in the hills of Billawar.
Advocate Appu Singh Salathia further submitted that deceased Makhan Din after taking Holy Quran on his head swore that he is innocent and has no association with the militants and also stated that because of excessive torture he did confess his links with subversive activities. Makhan Din on camera stated that he is not in a position to face the torture again and he ended his life after consuming some poisonous substance.
Advocate Appu Singh Salathia during the course of arguments further stated that on the dying declaration of Makhan Din, no FIR was registered by Billawar Police and the District/Police Administration of Kathua issued a rebuttal and branded Makhan Din as an OGW (Over Ground Worker) and a Magisterial Inquiry was ordered by D.C. Kathua and besides this a departmental inquiry was also ordered to be conducted by DIG, JSK Range namely Shiv Kumar.
Advocate Appu Singh Salathia further submitted that on the directions of the Sub-Judge (Special Mobile Magistrate), Kathua, the SHO Police Station, Billawar on 09-03-2025 registered FIR No. 0032/2025 at Police Station, Billawar. However, the names of Police Officials who brutally tortured Makhan Din and his father were not mentioned in the appropriate Column-7 of the FIR.
Advocate Appu Singh Salathia also invited the attention of the Court to the ‘Action Taken Report’ filed by the Police Station, Billawar on 06-03-2025 in the Court of Sub-Judge (Special Mobile Magistrate), Kathua which was signed by Inspector Zaheer Mushtaq who is the IO of the case and in the said ATR, clean chit was given to accused/suspects involved in the matter.
Advocate Appu Singh Salathia further submitted that no fair investigation is expected from the Police Station, Billawar where brutal torture was inflicted upon Makhan Din and his father Mohd Mureed.
After considering the detailed arguments of Advocate Appu Singh Salathia, Justice Wasim Sadiq Nargal directed that passing of interim direction is deferred for the time being, however, the same shall be considered on the next date of hearing. On the request of the counsel appearing for the petitioner, the Court directed the Registry to list this case again on April 25th, 2025. The Court also directed the personal appearance of the Investigating Officer alongwith CD file on the next date of hearing