Sajid Raina
Srinagar, Jan 21: The High Court of Jammu & Kashmir and Ladakh has set aside a 2008 order passed by the State Human Rights Commission (SHRC) in a custodial torture case, citing a violation of natural justice.
The case in question involved a man, who claimed he was tortured by police officers while in custody at Darhal Police Station.
The SHRC had recommended compensation of 1 lakh rupees for the victim, but the High Court found that the accused police officers had not been given an opportunity to present their side of the case.
A Bench of Justices Sanjeev Kumar and Puneet Gupta observed that the SHRC had issued its order without issuing notice or providing a hearing to the police officers accused of torturing the man.
The court stated that the SHRC had failed to adhere to the principles of natural justice. The judges said, “Before condemning the petitioners and imposing a penalty upon them, it was incumbent upon the Commission to summon all the petitioners and provide them with an adequate opportunity of being heard. The impugned order of the Commission is, therefore, in violation of the principle of natural justice and cannot sustain.”
The court considered remanding the case back to the SHRC for fresh adjudication, allowing the accused officers a chance to be heard. However, the Bench was informed that the SHRC no longer exists in Jammu and Kashmir following the reorganisation of the region in 2019. Consequently, the High Court closed the case.
The order stated, “We could have sent back the case to the Commission for fresh consideration after providing the opportunity of being heard to the petitioners but we are told that the State Human Rights Commission does not exist. It is because of this reason, we are inclined to close the matter.”
The case stemmed from a 2008 order issued by the erstwhile SHRC, which had directed that rupees 1 lakh be paid to a man who alleged that he was tortured by the Station House Officer of Darhal Police Station and other unidentified police personnel.
The man had been arrested under Section 364 (kidnapping) of the Ranbir Penal Code (RPC) and subjected to prolonged interrogation concerning his alleged involvement with militants. He claimed to have been tortured during his custody.
A preliminary investigation into the case found enough grounds to proceed with the registration of an FIR under Section 330 (causing hurt to extort confession) of the RPC. However, the investigating officer concluded that the torture allegations could not be substantiated and filed a closure report.
Dissatisfied with this outcome, the arrested man approached the SHRC, which ultimately found the police officers guilty of custodial torture. The SHRC ordered that the man be compensated for the alleged torture.
The accused officers filed a writ petition before the High Court, challenging the SHRC’s order. After considering the arguments, the Court allowed the petitioners’ plea and set aside the 2008 SHRC order.
