High Court Seeks Answers in Custodial Torture Case: Personal Appearance of Investigating Officer Ordered, CBI Probe Sought in Death of Tribal Youth
||Black and White Digital News ||
||Parvinder Singh April 18 ,2025||
Jammu:In a pivotal development in the alleged custodial torture and death of 26-year-old tribal youth Makhan Din, the High Court of Jammu & Kashmir and Ladakh has taken a serious note of the allegations and directed the personal appearance of the Investigating Officer (Inspector Zaheer Mushtaq, SHO, Police Station Billawar) along with the entire Case Diary (CD) file on the next date of hearing—April 25, 2025.
Backdrop of the Case:
The case pertains to FIR No. 0032 of 2025 registered on March 9, 2025, under Sections 108, 127(2), and 115(2) of the Bharatiya Nyaya Sanhita (BNS), 2023, at Police Station Billawar. The FIR was lodged following the alleged custodial torture and subsequent suicide of Makhan Din, a resident of Village Bhatodi, Tehsil Billawar in District Kathua. The case gained public attention after a disturbing video of Makhan Din surfaced on social media on February 5, 2025, in which he appeared visibly injured and accused the local police of inhumane torture during his detention.
Allegations of Custodial Torture and Forced Confession:
In the video, Makhan Din can be seen holding the Holy Quran and swearing innocence, claiming he was falsely implicated as an Over Ground Worker (OGW) supporting militants in the Billawar hills. He alleged that extreme torture forced him to falsely confess to militant links. He also stated he could not endure further torture and hinted at ending his life—an eventuality that tragically occurred soon after through suspected poison consumption.
Petitioners Demand CBI Probe:
The petitioners—Makhan Din’s father Mohd Mureed and widow Juna Begum—moved the High Court demanding a CBI investigation, citing concerns over impartiality and credibility of the local police probe. Represented by Advocate Appu Singh Salathia, the petitioners expressed deep distrust in the ongoing investigation being conducted by the same police station where the torture allegedly occurred.
Key Legal and Investigative Concerns Raised:
1. FIR Gaps:
The FIR reportedly omits the names of police officials (Mohd Shafi, Lucky, Harish, and Jugal) who were explicitly named in the complaint. This omission has raised serious doubts about the sincerity of the investigation.
2. Clean Chit in ATR:
An Action Taken Report (ATR) dated March 6, 2025, submitted by Inspector Zaheer Mushtaq, allegedly gave a clean chit to the accused officers even before a thorough investigation was conducted.
3. Multiple Inquiries Ordered:
Following public outrage, the District Magistrate, Kathua, ordered a magisterial inquiry, while a departmental inquiry was initiated by DIG, JSK Range, Mr. Shiv Kumar, IPS. However, the petitioners argue these internal inquiries lack the independence and transparency needed for justice.
4. Delayed FIR Registration:
Despite the gravity of the dying declaration, no FIR was initially registered. It was only on the directions of the Sub-Judge (Special Mobile Magistrate), Kathua, that the police registered FIR No. 0032/2025 more than a month later.
Court’s Response and Directions:
After hearing Advocate Salathia’s extensive arguments, Justice Wasim Sadiq Nargal directed the Investigating Officer to personally appear in court with the CD file on April 25. While deferring any interim relief, the Court made it clear that it intends to closely scrutinize the investigation process. Notices were issued to several senior officials including:
• Chief Secretary, J&K
• Principal Secretary, Home Department
• Principal Secretary to the Lieutenant Governor
• Director, CBI
• Director General of Police (DGP), J&K
• Inspector General of Police (IGP), Jammu Zone
• Senior Superintendent of Police (SSP), Kathua
• SHO, Police Station Billawar
The notices were accepted in court by Senior Additional Advocate General Monika Kohli, who has been granted a week to file a formal response.
Implications and Public Reaction:
This case has sparked widespread concern over custodial violence, especially involving marginalized tribal communities. Civil society groups and human rights defenders have called for accountability and impartial investigation. The outcome of this petition could set a precedent in ensuring independent probes in cases of alleged custodial deaths, especially when police complicity is suspected.
Next Hearing: April 25, 2025.
All eyes are now on the court proceedings, with significant pressure on the state authorities to ensure transparency, justice, and adherence to the rule of law.
