In Brief
A serving police constable was allegedly subjected to brutal custodial torture at a Joint Interrogation Centre in Kupwara, resulting in complete genital mutilation, pepper burns, electric shocks, and fractures. Instead of investigating these allegations, the police registered a counter-FIR against the victim for attempted suicide under Section 309 IPC. The High Court declined to grant relief, directing only a preliminary inquiry. The Supreme Court held that the allegations clearly disclosed cognizable offences mandating immediate FIR registration under the settled law in Lalita Kumari. Finding the medical evidence conclusively established torture impossible to be self-inflicted and observing systematic cover-up by local police, the Court transferred the investigation to the CBI as constitutionally imperative. The counter-FIR was quashed as manifestly mala fide. The appellant was awarded ₹50 lakhs compensation for violation of Article 21.
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