SRINAGAR, Oct 5: In a significant development in a high-profile custodial torture case, a Srinagar court has rejected the bail pleas of eight police personnel arrested by the Central Bureau of Investigation (CBI) for allegedly torturing a fellow police constable during illegal detention two years ago. Chief Judicial Magistrate (CJM) Aadil Mushtaq Ahmad dismissed the bail applications on Saturday, observing that the seriousness of the offences and the stage of investigation did not warrant their release.
The accused personnel, Deputy Superintendent of Police Aijaz Ahmad Naik, Inspector Riyaz Ahmad Mir, and constables Tanveer Ahmad Malla, Altaf Hussain Bhat, Mohammad Younis Khan, Shakir Hussain Khoja, Shahnawaz Ahmad Deedad, and Jehangir Ahmad Beigh were arrested following a Supreme Court directive in connection with the custodial torture of constable Khursheed Ahmed Chowhan. The incident allegedly took place during his unlawful confinement at the Joint Interrogation Centre in Kupwara in February 2023. Chowhan is reported to have suffered grievous injuries as a result of the torture.
While rejecting the bail applications, the court emphasized the gravity of the allegations and the need to prevent any interference with the ongoing investigation. “The court is of the considered opinion that none of the three applications disclose any exceptional circumstance warranting departure from the settled principle that bail is not to be granted in serious custodial violence cases at the investigative stage,” the CJM stated in a common order disposing of the applications.
The judge further observed that given the nature of the case which is non-bailable, sessions-triable, and involves offences punishable with severe sentences, the jurisdiction of the trial court to grant bail is inherently limited. “The prosecution has persuasively demonstrated that custodial supervision remains necessary to prevent interference and intimidation,” the order noted, highlighting concerns that releasing the accused at this stage could compromise the investigation or influence witnesses.
The arrest of senior police officers and personnel in this case has drawn widespread attention, reigniting public debate on custodial violence and accountability within law enforcement agencies in Jammu and Kashmir. Legal experts note that the court’s decision underscores a growing judicial intolerance toward custodial abuse, which has long been a contentious issue in the region.
The CBI, which took over the case following the Supreme Court’s directions, is continuing its investigation into the circumstances of Chowhan’s alleged illegal detention and torture. The case is being closely watched as a potential landmark in efforts to address custodial misconduct and ensure accountability within the police force.