Avinash Azad
In a major reprieve, J&K High Court stayed FIR against two Punjab labourers alleging brutal custodial torture by Basohli police.
Justice Vinod Chatterji Koul of the High Court of Jammu & Kashmir and Ladakh at Jammu has, in a significant order, stayed the operation of FIR No. 0061/2025 dated June 30, 2025, registered under Sections 132-221, 352, and 3(5) BNS, 2023 at Police Station, Basohli against two Punjab labourers, Sukar Deen (son of Sardari Deen) and Farid Mohammad (son of Rahim Baksh), both residents of Village Chibber, Tehsil Dhar Kalan, Pathankot.
The labourers, through Advocate S.S. Ahmed, have sought quashing of the FIR and demanded compensation of ₹50 lakh each from the J&K Government, alleging brutal custodial torture inflicted upon them by Basohli police officials.
After hearing initial arguments, Justice Koul issued notices to the Principal Secretary, J&K Home Department; DGP J&K; IGP Jammu Zone; SSP Kathua; and SHO, Basohli, making them returnable within four weeks. In the meantime, the court stayed the operation of the impugned FIR, subject to objections, until the next date of hearing.
Advocate Ahmed argued that the case involves grave constitutional violations, as the labourers were allegedly tortured at Atal Setu by a police team led by SDPO Basohli and later beaten inside the police station. He contended that the FIR against them was a false attempt to cover up the custodial violence, accusing them instead of assaulting the police.
He further drew the court’s attention to the June 30, 2025 order of the Munsiff/JMIC Basohli, who declined police remand citing non-compliance with Supreme Court guidelines in D.K. Basu v. State of West Bengal.
The JMIC noted that both accused bore injuries, were declared medically unfit, and were therefore remanded to five days of judicial custody. Supporting documents, including photographs and medical reports from Civil Hospital, Pathankot and SDH, Basohli, were also placed on record to substantiate the torture claims. After considering the submissions, Justice Koul stayed the FIR and directed the Registry to list the matter again on October 18, 2025.
