Representational image
SRINAGAR: A court in north Kashmir’s Kupwara granted Tuesday bail to eight policemen, including a DSP, accused of illegally holding and torturing a fellow J&K constable for six days in Feb 2023. The order came after CBI dropped attempt-to-murder charge against the accused.The case stems from a CBI FIR registered on July 26 this year on directions of the Supreme Court, which took cognizance of allegations that constable Khursheed Ahmed Chowhan was unlawfully held at the joint interrogation centre in Kupwara from Feb 20 to Feb 26 and subjected to severe abuse “on the pretext of investigating narcotics-related offences”.Chowhan’s wife Rubeena Akhter had moved the top court after J&K high court declined to order registration of a case. Her petition alleged her husband was beaten with iron rods and wooden sticks, given electric shocks and left critically wounded, with claims of mutilation, grievous harm to private parts, insertion of iron rods and chili powder allegedly forced into his rectum.Acting on the Supreme Court’s July 21 order, CBI filed a chargesheet on Oct 22 this year. On Tuesday, the principal district and sessions judge of Kupwara directed the superintendent of Humhama subsidiary jail in Srinagar to release the accused after they furnish bail and surety bonds of Rs 1 lakh each.Advocate Ahrar Dar, appearing for the accused, said the home department had not granted mandatory sanction to prosecute at the time of filing the chargesheet. He said a “crucial and material change of circumstance” occurred after investigators dropped the most serious counts — IPC sections 307 (attempt to murder) and 326 (grievous hurt by dangerous weapons).“The legal impediment of section 307, which was the cornerstone of the previous bail rejection, no longer exists,” Dar said, adding that the case now rests on less severe charges within the court’s bail jurisdiction. He said CBI opposed bail but the court granted relief after hearing arguments.
