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| Court seeks eeks ATR from SHO Billawar in Makhan Din's custodial torture | | | Early Times Report
JAMMU, Feb 28: In a significant development, the Sub-Judge/Special Mobile Magistrate, Kathua Amandeep Kour has directed SHO, Police Station Billawar to submit Action Taken Report (ATR) in two complaints seeking registration of FIR in the custodial torture of Makhan Din S/o Mohd Mureed R/o Village Bhatodi, Tehsil Billawar, District Kathua. One complaint has been filed by Father of the deceased Makhan Din (Mohd Mureed) and widow of Makhan Din namely Juna Begum and second complaint has been filed by Advocates Mohd Anwar Chowdhary and Sheikh Shakeel Ahmed. Both complaints have been filed through Advocate Appu Singh Salathia.
When these two complaints came up for hearing before Sub-Judge/Special Mobile Magistrate, Kathua Amandeep Kour, Advocate Appu Singh Salathia appearing for the complainants submitted that despite approaching SHO, Police Station Billawar and SSP, Kathua, the FIR into the custodial torture of Makhan Din was not registered even though prima facie cognizable offences are made out against the accused and this compelled the complainants to invoke the jurisdiction of this Court under Section 175(3) BNSS, 2023.
Advocate Appu Singh Salathia submitted that 26 years old tribal boy-Makhan Din alongwith his father Mohd Mureed were subjected to third degree torture while they were in custody of Billawar Police. She further submitted that on February 4th, 2025 two police officials namely Mohd Shafi and Lucky on the directions of their senior officers throughout the night tortured Makhan Din and his father Mohd Mureed in order to compel them to make statements for having links with the militants/subversive activities.
During the course of hearing, Advocate Appu Singh Salathia referred celebrated judgement of Supreme court regarding Custodial Torture/police excesses titled DK Basu V/s State of West Bengal and Ors. wherein the Apex Court has laid down more than ten guidelines to be followed by the police officers while making arrest or custodial interrogation.
Advocate Appu Singh Salathia further submitted that recently a Bench of the Apex Court comprising Justices Vikram Nath and Ahsan-Ud-Din Amanullah expressed displeasure with the conduct of the Investigative Agencies and the police for not adhering to the constitutional and statutory safeguards while arresting and taking the accused into custody.
The said Bench further observed, _"It is sad that even today, this court is forced to restate the principles and directions in DK Basu's case."_ Advocate Appu Singh Salathia also referred to the Constitutional Bench Judgement titled Lalita Kumari V/s State of UP and Ors. wherein the Five Judge-Bench of the Apex Court ruled that when a complaint discloses commission of a cognizable offence, the FIR has to be mandatorily registered and in the present case, the Billawar Police has violated the Judgement of the Supreme Court with impunity.
Advocate Appu Singh Salathia further submitted that the video deposition of Makhan Din was sufficient for the registration of the FIR but despite his dying declaration, the Billawar Police miserably failed to register the case and under these circumstances the present two complaints have been filed. She further prayed before the Court that this is a fit case for issuing directions to the Billawar Police to register FIR in the matter as prima facie commission of cognizable offences are made out.
After considering the detailed arguments of Advocate Appu Singh Salathia, the Sub-Judge/Special Mobile Magistrate, Kathua Amandeep Kour directed SHO, Police Station, Billawar to file Action Taken Report in the matter before the next date of hearing i.e. March 4th, 2025.
—JNF |
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