Makhan Din’s custodial torture
Excelsior Correspondent
JAMMU, Mar 6: In a significant order, Sub-Judge/Special Mobile Magistrate, Kathua Amandeep Kour today directed SHO Police Station Billawar to register an FIR and initiate a thorough investigation into the complaint filed by the father and widow of Makhan Din regarding the infliction of custodial torture.
The court, after hearing Advocate Appu Singh Salathia appearing for the complainants and Senior PO Munish Kumar appearing for SSP Kathua and SHO Billawar, disposed off two complaints one filed by two Advocates Mohd Anwar Chowdhary and Sheikh Shakeel Ahmed and another by Mohd Mureed (father of Makhan Din) and Juna Begum (widow).
In the open court Advocate Appu Singh Salathia furnished a compilation containing 13 judgments of Apex Court regarding custodial torture/inquest proceedings/registration of FIR/dying declaration while advancing her case for registration of FIR in the matter.
The Senior Prosecuting Officer Munish Kumar filed Action Taken Report (ATR) as per the previous orders dated 28-02-2025 and 04-03-2025 and submitted in the open court that inquest proceedings under Section 194 BNSS, 2023 were initiated on 05-02-2025 and the Magisterial Enquiry was ordered by the District Magistrate on 06-02-2025 which is pending and SDPO Billawar.
Advocate Appu Singh Salathia vociferously argued that the Police officials have violated the principles established in D.K Basu V/s State of West Bengal and asserted that FIR must be registered in the matter on the basis of the dying declaration of Makhan Din.
After considering the submissions from both the sides, the court directed the SHO Police Station Billawar to register an FIR and initiate a thorough investigation into the matter in accordance with law. The court accordingly allowed the application filed by the father and wife of the deceased and directed the registration of FIR based on their application.
The court with regard to the application moved by two Advocates rejected the prayer for separate FIR.
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