J&K Court Grants Bail To Eight Accused In CBI Custodial Torture Case

On Tuesday, a Jammu and Kashmir court granted bail to eight accused in a custodial torture case under investigation by the Central Bureau of Investigation.

The Principal District and Sessions Judge of Kupwara issued the order in a case transferred to the CBI on the Supreme Court’s directions.

The accused, identified as Deputy SP Aijaz Ahmad, Sub-Inspector Riyaz Ahmad Mir, Special Police Officer Jahangeer Ahmad Beigh, Head Constables Mohammad Younis Khan and Tanveer Ahmad Malla, Selection Grade Constables Shakir Hussain Khoja and Altaf Hussain Bhat, and Constable Shahnawaz Ahmad.

The CBI arrested all eight in August, and they have since remained lodged in the central jail.

Under the court’s directions, each accused must furnish personal and surety bonds of ₹1,00,000. Additionally, the order restrains them from leaving the court’s territorial jurisdiction without prior approval. Those holding passports must deposit them with the court.

“The accused must not intimidate, influence or tamper with prosecution evidence, nor threaten any prosecution witness, and must remain present at every hearing before the trial court unless exempted by the court. Any breach of the bail conditions would be viewed seriously and could lead to cancellation of bail,” the court order said.

Any violation of these bail conditions, the court warned, could lead to immediate cancellation of bail.

Case Background

The matter pertains to the alleged illegal detention and custodial torture of a serving police constable at the Joint Interrogation Centre in Kupwara.

Earlier, the Supreme Court took serious note of the allegations and described the case as a grave example of state abuse and institutional failure.

Following its observations, the apex court ordered the CBI to take over the investigation to ensure fairness and accountability.

In its ruling, the Supreme Court directed the Union Territory administration to pay ₹50 lakh as compensation to the victim, terming it a constitutional remedy for violation of Article 21.

The court also quashed a retaliatory FIR registered against the victim and ordered the arrest of the officers involved.

Further, the court ruled that authorities should recover the compensation amount from the guilty officials after departmental proceedings.

“The unprecedented gravity of this case involving brutal and inhuman custodial torture, characterised by the complete mutilation of the appellant’s genitalia, represents one of the most barbaric instances of police atrocity which the state is trying to defend and cover up with all-pervasive power. The medical evidence conclusively establishes that such injuries are impossible to be self-inflicted. The respondent’s theory of suicide attempt crumbles under scrutiny when examined against the timeline and the medical evidence,” the court said.

With bail granted, the trial will now proceed under judicial supervision. The case continues to draw attention as a significant test of custodial accountability, human rights protection and the rule of law in the region.

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