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Kathua CJM Orders FIR and Independent Probe in Alleged Custodial Torture of Two Labourers

The judge invoked the Lalita Kumari ruling to mandate case registration before any investigation.

Overview

  • Chief Judicial Magistrate Ajay Kumar directed the SSP Kathua to register an FIR at Basohli Police Station and assign the case to an experienced, independent officer.
  • The court said police claims of innocence cannot be accepted at this stage and that denial cannot be taken at face value without investigation.
  • A 25-page order was sent to the SSP with instructions to file an action-taken report within one week of receiving it.
  • The judge noted an earlier Action Taken Report appeared to give police a clean chit, which he said was impermissible before FIR registration.
  • The application alleges two Pathankot labourers were illegally detained and tortured at Atal Setu in late June, supported by injury photographs and a prior magistrate’s finding that they were not fit for police custody.