Khursheed Ahmad Chohan vs Union Of Territory Of Jammu And Kashmir 2025 INSC 876 - Custodial Violence - FIR - CBI Investigation
Constitution of India - Article 21 - Where fundamental rights, particularly the right to life and personal liberty under Article 21 of the Constitution of India are violated by State machinery, appropriate monetary compensation may be an effective remedy -Such compensation must focus on the compensatory element and serve as a balm to the victim, without prejudice to other remedies in civil or criminal law. (Para 34)
Code of Criminal Procedure 1973 - Section 154 [ Bharatiya Nagarik Suraksha Sanhita 2023 - Section 173 ] registration of an FIR is mandatory under Section 154 of CrPC (corresponding Section 173 of BNSS) when information disclosing the commission of a cognizable offence is received by the police, and no preliminary inquiry is required or permissible in such cases- The police have no discretion in the matter of registration of an FIR once alleged facts disclose commission of cognizable offences- Allowing preliminary inquiry, particularly in matters involving custodial violence, would enable institutional cover-up and defeat the very purpose of criminal law, designed to protect citizens from state excesses. (Para 10-12)
Code of Criminal Procedure 1973 - Section 482 [ Bharatiya Nagarik Suraksha Sanhita 2023 - Section 528 ] -at the stage of considering a petition for quashing criminal proceedings, it is not the function of the Court to meticulously examine the truthfulness, reliability, or veracity of the allegations contained in the FIR or accompanying materials. Nonetheless, it remains a settled principle of law that the allegations, even if accepted at their face value, must disclose the commission of a cognizable offence. Whether such disclosure arises from the FIR itself, the chargesheet, or any other material placed on record, the essential requirement is that the ingredients of the alleged offence must be prima facie satisfied. It is the duty of the Constitutional Courts to safeguard the machinery of criminal law from being reduced to a means of vengeance, oppression, or personal vendetta. Where it is evident that the initiation or continuation of proceedings amounts to an abuse of process or is intended to harass the accused, the Court is not only empowered but obligated to intervene and quash such proceedings in the interest of justice. Thus, while the threshold for interference at the preliminary stage is high, it does not preclude judicial scrutiny altogether. Discretion under Section 482 of the CrPC (corresponding Section 528 of the BNSS) must be exercised judiciously, especially in cases where the allegations are inherently improbable, absurd, or lack the factual substratum necessary to constitute a prosecutable offence.
CBI Investigation - Power to transfer the investigation of a criminal case to the CBI is an extraordinary measure, which must be exercised sparingly with great caution, and only in rare and exceptional circumstances. This jurisdiction must not be invoked lightly or in a routine fashion, but only where the facts of the case disclose a compelling necessity to ensure fairness in investigation, preservation of public faith in the administration of justice and protection of fundamental rights of the parties involved. In examining the prayer made by an aggrieved person seeking transfer of investigation to the CBI, the Court must necessarily be guided by the strict parameters laid down in binding precedents. These include, inter alia, instances where the State police authorities appear to be biased or complicit, where the investigation has been tainted by delay, irregularity, suppression of material facts, or where the complexity and inter-State ramifications of the matter necessitate the involvement of a central agency. (Para 18)
“Deeply shocking to the conscience of this Court."#SupremeCourt granted 50L compensation to man who suffered this custodial violence. https://t.co/Wd6uVvj8P4 pic.twitter.com/v6y3OW02z3
— CiteCase 🇮🇳 (@CiteCase) July 21, 2025
