Summary & Analysis Of Supreme Court judgment in KHURSHEED AHMAD CHOHAN vs Union Territory of Jammu & Kashmir & Ors. (2025 INSC 876)

1. Heading of the Judgment

KHURSHEED AHMAD CHOHAN vs Union Territory of Jammu & Kashmir & Ors.
(Criminal Appeal No(s). of 2025; Supreme Court of India)

2. Relevant Laws & Sections

The case involves:

• Indian Penal Code (IPC):
  Section 309 (attempted suicide) – held redundant by Mental Healthcare Act, 2017.

• Mental Healthcare Act, 2017 (MH Act):
  Section 115 – Creates an irrebuttable presumption that attempted suicide results from severe stress; mandates care (not punishment).

• Code of Criminal Procedure (CrPC) / Bharatiya Nagarik Suraksha Sanhita (BNSS):
  Sections 154 CrPC / 173 BNSS – Mandatory FIR registration for cognizable offences (Lalita Kumari precedent).

• Narcotic Drugs and Psychotropic Substances Act (NDPS Act):
  Sections 8/21/29 – Basis for appellant’s initial summoning.

• Constitutional Provisions:
  Articles 14 (equality), 21 (right to life), 32/226 (remedies for rights violation).

3. Basic Case Details

• Parties:
  Appellant: Khursheed Ahmad Chohan (J&K Police Constable; torture victim).
  Respondents: UT of J&K, its police officials.

• Background:
  Appellant summoned to Kupwara Police Interrogation Centre (20–26 Feb 2023) for an NDPS case.
  Suffered brutal custodial torture: genital amputation, electric shocks, pepper on wounds, fractures.
  Police registered counter-FIR against him (FIR No. 32/2023) under Section 309 IPC, claiming "suicide attempt."
  Victim’s wife filed complaint (1 Mar 2023); authorities ignored it.

• High Court Order (18 Sep 2023):
  Rejected plea for FIR against police.
  Ordered "preliminary inquiry" by the same SSP who summoned the victim.
  Refused to quash false FIR against appellant.

• Supreme Court:
  Allowed appeal, quashed High Court order.
  Directed CBI investigation and compensation.

4. Explanation of the Judgment

Core Issues & Supreme Court’s Analysis

I. Mandatory FIR Registration for Custodial Torture

• Legal Principle:
  Lalita Kumari v. State of UP (2014): Police must register FIR for cognizable offences; no preliminary inquiry permitted.

• Application to Case:
  Medical evidence (genital mutilation, fractures, vegetative particles in rectum) proved torture.
  Complaint by victim’s wife (1 Mar 2023) disclosed cognizable offences (Sections 330/331/307 IPC).
  High Court erred by ordering "preliminary inquiry" – a tactic to enable police cover-up.

• Verdict:
  CBI directed to register FIR within 7 days.

II. Transfer of Investigation to CBI

• Legal Principle:
  CBI probe is exceptional, but warranted when:
  Local police are accused/biased (Mohd. Anis v. UoI).
  Case shocks conscience, involves institutional cover-up (R.S. Sodhi v. State of UP).

• Application to Case:
  Police officials accused of torture investigated their own crime.
  Fabricated "suicide" theory contradicted by medical reports (self-inflicted castration impossible).
  Systemic cover-up: Withheld medical records, registered false FIR against victim.

• Verdict:
  CBI to lead investigation; arrest accused within 1 month; submit report in 90 days.

III. Quashing of False FIR Against Victim (FIR No. 32/2023)

• Legal Principle:
  Section 309 IPC (attempted suicide) is redundant under MH Act, 2017 (Nawtej Singh Johar precedent).
  Courts can quash mala fide FIRs used to harass victims (State of Haryana v. Bhajan Lal).

• Application to Case:
  FIR alleged "vein cut with blade," but injuries included genital amputation – a medically impossible self-harm.
  Registered to shield guilty officers and victimize the appellant.

• Verdict:
  FIR No. 32/2023 quashed as abuse of process.

IV. Compensation for Custodial Torture

• Legal Principle:
  State must pay compensation for violation of Article 21 (D.K. Basu v. State of WB; Nilabati Behera).

• Application to Case:
  Appellant suffered permanent disability, trauma, and institutional apathy.

• Verdict:
  Interim compensation of ₹50 lakhs awarded to appellant.
  State to recover this amount from guilty officers later.

Final Directions by Supreme Court

1. CBI to register FIR within 7 days and investigate custodial torture.

2. Quash FIR No. 32/2023 against the appellant.

3. UT of J&K to pay ₹50 lakhs as interim compensation.

4. CBI to submit status report by 17 Nov 2025.

Key Quote from Judgment:

"The complete surgical removal of both testicles, electric shocks, and fractures during illegal detention constitute barbaric custodial torture... transforming a protector of law into its victim."