Srinagar, Apr 24 A local court in Jammu and Kashmir's Kupwara district on Friday discharged a DSP in a custodial torture case, but ordered trial of the seven other accused.
The order was passed by the Court of Principal District and Sessions Judge, Kupwara, Manjeet Singh Manhas in a case registered by the CBI.
The case pertains to the alleged custodial torture of a policeman, Khurshid Ahmad Chohan, in February 2023.
The Supreme Court last year directed the CBI to submit a status report in the case. According to the CBI charge sheet, the victim's "genital organs and testicles were amputated" during interrogation at a centre in Kupwara.
In an order on Friday, the court held that no prima facie case was made out against the accused DSP. It observed, "There is not even an iota of whisper in the evidence of the prosecution that A-1 (Aijaz Ahmad Naik) physically participated in the alleged acts against the victim".
"Nor there is any other material on the record which could suggest that A-2 to A-8 (other accused) had acted on A-1's directions, so as to attribute conspiracy in the matter," the court added.
The material against the accused DSP does not disclose even prima facie participation, facilitation, or culpable omission, the court said, adding while the other accused are alleged to have been actively involved within the custodial setting.
"To proceed against A-1 in the absence of such material would amount to stretching the threshold of prima facie satisfaction beyond permissible limits, and would run contrary to the settled principles governing discharge," it said.
While discharging DSP Naik, the court said it is of the considered opinion that the material on record does not disclose sufficient grounds for presuming that he has committed the offences alleged.
"The suspicion arising against him does not attain the threshold of grave suspicion, and there is no prima facie material indicating his participation, direct or indirect. Accordingly, accused A-1 is hereby discharged of the offences punishable under Sections 120-Ð?, 323, 325, 330, 331, and 343 IPC," it added.
However, the court found sufficient grounds to proceed against the remaining accused, holding that the material on record disclosed their "active and continued involvement" in the alleged occurrences.
It ordered framing of charges against seven other accused, including Sub-Inspector Riyaz Ahmad Mir, Special Police Officer (SPO) Jahangeer Ahmad Beigh, Head Constable Mohd Younis Khan, Selection Grade Constable Shakir Hussain Khoja, Head Constable Tanveer Ahmad Malla, Selection Grade Constable Altaf Hussain Bhat, and Constable Shahnawaz Ahmad Deedad, for their alleged involvement in the custodial torture case.
"The material on record, taken at its face value, discloses sufficient grounds for presuming that they have committed offences punishable under Sections 120-B, 323, 325, 330, 331 and 343 IPC," the court said.
Accordingly, charges shall be framed against the said accused, it said.
