High Court Seeks Detailed Statements from Police Officers in Kathua Custodial Torture Case
Jammu, Oct 10: The Jammu and Kashmir and Ladakh High Court has directed two police officers, part of the Special Investigation Team (SIT), to appear in person for recording their statements in connection with the alleged custodial torture and subsequent suicide of a 25-year-old Gujjar youth, Makhan Din, from the Billawar area of Kathua district. The order was issued by Justice Wasim Sadiq Nargal while hearing the case on Wednesday.
The court has summoned the SIT head, Superintendent of Police (Operations), and the Sub-Divisional Police Officer (SDPO) of Billawar to appear on October 27 to record their detailed statements before the Registrar Judicial. The move comes in response to inconsistencies observed in earlier statements made by the SDPO regarding the posting and presence of certain police officials accused by the petitioner.
The case stems from the tragic death of Makhan Din, who consumed insecticide on February 4 this year, allegedly after being tortured by police. Before taking his life, the youth recorded a video declaring his innocence and denying any links with terrorism, which led to separate investigations by both the police and district administration.
During earlier proceedings on April 25, SDPO Neeraj Padyar informed the court that the Station House Officer (SHO) of Billawar had already been transferred and that two officers, identified as Jugal and Harish, against whom allegations were made, were not posted at the police station. However, the petitioner’s counsel, advocate Appu Singh Slathia, submitted electronic evidence via a pen drive showing that both officers were indeed present on February 5, when the deceased was taken to his home, and later, when he died by suicide inside a mosque in Bhatodi village.
The petitioner further contended that Jugal and Harish were also present when the body was shifted to the hospital. Citing contradictions between the SDPO’s earlier statement and the evidence produced, Justice Nargal observed that the ambiguity must be clarified through the officers’ direct testimonies. The court emphasized that establishing whether Jugal and Harish were officially posted or present at the relevant times is essential for the fair progress of the investigation.
The bench also directed the SIT head to appear personally and brief the court on the status of the investigation, noting that the SIT was formally constituted on March 10. Government advocate Suneel Malhotra was instructed to produce the complete case file and update the court on the current stage of the probe.
Additionally, the court expressed displeasure over the non-compliance of its earlier order by the Chief Secretary and the Home Secretary, who failed to file their responses despite notices issued on April 16. Granting them one final opportunity, Justice Nargal ordered that their replies must be submitted within a week, warning that the matter would proceed on merits if they default again.
