Jammu, Oct 05: In a significant development underscoring judicial caution in custodial violence cases, a Srinagar court has rejected the bail pleas of eight police personnel arrested by the Central Bureau of Investigation (CBI) for allegedly torturing a police constable during illegal confinement two years ago.
The order was passed on Saturday by Chief Judicial Magistrate Srinagar, Aadil Mushtaq Ahmad, who ruled that the case carried serious implications and no exceptional circumstances justified granting bail at this stage.
The officers facing charges include Deputy Superintendent of Police Aijaz Ahmad Naik, Inspector Riyaz Ahmad Mir, along with Tanveer Ahmad Malla, Altaf Hussain Bhat, Mohammad Younis Khan, Shakir Hussain Khoja, Shahnawaz Ahmad Deedad, and Jehangir Ahmad Beigh. They had filed separate bail applications, which were considered together.
The accused policemen, arrested on the directions of the Supreme Court, are being investigated by the CBI over allegations of inflicting custodial torture and grievous injuries on constable Khursheed Ahmed Chowhan at the Joint Interrogation Centre Kupwara in February 2023.
“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 judge observed in the consolidated order.
The court further underlined that since the case is sessions-triable and non-bailable, involving offences punishable with severe terms, its jurisdiction remains limited.
“However, the prosecution has persuasively demonstrated that custodial supervision remains necessary to prevent interference and intimidation,” the judge added, dismissing all three bail applications.
The case has attracted attention as it highlights persistent concerns about custodial torture in Jammu and Kashmir, a region where rights groups have long flagged issues of accountability within the police force. Legal experts note that the court’s refusal to grant bail reflects the judiciary’s cautious approach to ensuring that investigations are not compromised, especially in cases involving allegations of human rights violations.
The CBI’s involvement followed directives from the Supreme Court, which had taken a serious view of allegations of abuse in custody. Rights organizations and civil society groups have repeatedly stressed the need for strong deterrents against custodial violence to restore public trust in law enforcement. The outcome of this case is likely to be closely watched as a benchmark for similar cases in the Union Territory.
