Diplomat Correspondent
Kathua, (DD): In a significant development, the Sub-Judge (Special Mobile Magistrate), Kathua Amandeep Kour on Tuesday reluctantly granted a one-day extension to the SHO of Police Station Billawar to submit the Action Taken Report (ATR) in the alleged custodial torture and death of Makhan Din, a resident of Bhatodi, Billawar, Kathua district.
The case stems from two petitions—one filed by Makhan Din’s family and another by Advocates Mohd Anwar Chowdhary and Sheikh Shakeel Ahmed—seeking registration of an FIR against police officials accused of torturing the deceased in custody. The petitioners invoked Section 175(3) of the Bharatiya Nyaya Sanhita (BNSS), 2023, which mandates action in cases of custodial violence.
Police Seeks More Time, Faces Pushback
During the hearing, Assistant Public Prosecutor (APP) Ankush Mahajan and SHO Billawar sought a 10-day extension to submit the ATR, citing pending inquiries and law and order duties. They claimed that a preliminary inquiry had been authorized on February 27, but could not be concluded due to police engagements.
However, Advocate Appu Singh Salathia, representing the complainants, strongly objected to the delay, accusing the police of deliberately stalling the FIR registration. He highlighted that Makhan Din, before his death, had stated on video that he was subjected to “third-degree torture” while in police custody. Salathia argued that both inquest proceedings and an FIR can proceed simultaneously, and demanded immediate police action.
Court Questions Police Inaction
At one point, the judge directly questioned the APP and SHO Billawar on whether an FIR had been registered. The prosecution admitted that no FIR had been filed so far, prompting the court to demand the case diaries.
In the second half of the hearing, the prosecution failed to present the ATR, instead producing records of inquest proceedings, further frustrating the complainants. Heated arguments ensued as the complainants insisted on police accountability.
Final Court Directive
After considering both sides, Judge Amandeep Kour reluctantly granted a one-day extension for the ATR, warning that further delays would not be tolerated. The case has now been listed for March 6
The proceedings were attended by Advocates S.S. Ahmed, Supriya Singh Chouhan, and M. Zulkarnain Chowdhary, who reiterated demands for justice for Makhan Din’s family.(DD)