Kathua Jammu , March 6: In a significant order, Sub-Judge/Special Mobile Magistrate, Kathua, Amandeep Kour, has directed the SHO of Police Station Billawar to register an FIR and conduct a thorough investigation into the alleged custodial torture of Makhan Din. The order came in response to complaints filed by his father, Mohd Mureed, and widow, Juna Begum.
The court’s decision was based on legal precedents, including the Supreme Court ruling in Lalita Kumari v. Govt. of UP, which mandates the registration of an FIR in cases involving cognizable offences. Advocate Appu Singh Salathia, representing the complainants, cited multiple judgments reinforcing the necessity of filing an FIR in custodial torture cases.
During the hearing, Senior Prosecuting Officer Munish Kumar presented an Action Taken Report (ATR), stating that inquest proceedings under Section 194 BNSS, 2023, had been initiated on February 5, followed by a Magisterial Inquiry ordered by the District Magistrate on February 6. A preliminary inquiry conducted by PSI Rahul Sharma reportedly found no evidence of custodial torture. However, Advocate Salathia contested these findings, emphasizing that Makhan Din, in his dying declaration, had sworn on the Holy Quran that he was subjected to third-degree torture by the police to force a false confession.
Salathia also highlighted that a video recording of Makhan Din’s final words before taking his own life was strong evidence warranting immediate registration of an FIR. She argued that the police had deliberately avoided filing the case to shield the accused officers.
After hearing both sides, the court ruled in favor of the complainants, ordering the registration of an FIR. However, it rejected a separate complaint filed by Advocates Mohd Anwar Chowdhary and Sheikh Shakeel Ahmed, stating that their plea did not introduce any new facts requiring an additional FIR.
With this order, the court has ensured that the case will be formally investigated, marking a crucial step in addressing allegations of custodial torture in the region. The ruling reinforces legal safeguards against police brutality and underscores the judiciary’s role in upholding fundamental rights.(CNS)
