Kathua, Mar 1 : A Court in Kathua has ordered the Station House Officer (SHO) of Billawar Police Station to submit an Action Taken Report (ATR) by March 4, 2025, regarding two complaints alleging custodial torture leading to the death of 26-year-old Makhan Din. The directives follow intense legal proceedings where advocates representing the victim’s family accused the Billawar Police of failing to register an FIR despite prima facie evidence of cognizable offenses.
The complaints, filed by Makhan Din’s father, Mohd Mureed, his widow, Juna Begum, and advocates Mohd Anwar Chowdhary and Sheikh Shakeel Ahmed, allege that Makhan Din and his father were subjected to severe torture by Billawar Police officials on February 4, 2025. The petitioners claim that officers Mohd Shafi and Lucky, acting under senior officials’ orders, brutalized the father-son duo overnight to coerce false confessions linking them to militant activities.
Advocate Appu Singh Salathia, representing the complainants, as per news agency Kashmir Bulletin, argued before the court that the police violated Supreme Court mandates under the DK Basu v. State of West Bengal guidelines, which outline safeguards against custodial abuse. Salathia emphasized that a video deposition of Makhan Din, described as a “dying declaration”, and legal precedents like Lalita Kumari v. State of UP obligate police to register an FIR when cognizable offenses are disclosed.
Citing recent remarks by a Supreme Court bench (Justices Vikram Nath and Ahsan-Ud-Din Amanullah), Salathia criticized investigative agencies for disregarding constitutional protections during arrests. The bench had lamented, “It is sad that even today, this court is forced to restate the principles and directions in DK Basu’s case,” underscoring systemic non-compliance.
“Despite repeated appeals to the SHO and Senior Superintendent of Police (SSP), Kathua, no FIR was filed, compelling the petitioners to approach the court under Section 175(3) of the Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023,” the Petitioner argued.
Magistrate Amandeep Kour, after reviewing submissions, deemed the matter urgent and mandated the ATR ahead of the next hearing, set on March 4. (KB)
