Diplomat Correspondent
Kathua, (DD): In a significant legal development, Sub-Judge/Special Mobile Magistrate, Kathua Amandeep Kour has directed the SHO of Police Station Billawar to submit an Action Taken Report (ATR) in response to two complaints seeking the registration of an FIR in the custodial torture case of Makhan Din, a 26-year-old tribal youth from Bhatodi, Tehsil Billawar, District Kathua.
The complaints were filed separately—one by Makhan Din’s father, Mohd Mureed, and his widow, Juna Begum, and another by Advocates Mohd Anwar Chowdhary and Sheikh Shakeel Ahmed—both through Advocate Appu Singh Salathia.
Allegations of Custodial Torture
During the hearing, Advocate Appu Singh Salathia argued that despite repeated appeals to the SHO of Billawar and SSP Kathua, no FIR was registered in connection with Makhan Din’s custodial torture and subsequent death, even though prima facie cognizable offences had been committed. This, she contended, left the complainants with no choice but to approach the court under Section 175(3) of the Bharatiya Nyaya Sanhita (BNSS), 2023.
She further detailed that on February 4, 2025, two police officials, Mohd Shafi and Lucky, allegedly subjected Makhan Din and his father, Mohd Mureed, to third-degree torture throughout the night, following instructions from their senior officers. The purpose of this alleged brutality was to coerce them into confessing to links with militancy and subversive activities.
Legal Precedents Cited
Advocate Salathia cited several landmark Supreme Court judgments regarding custodial torture, including the DK Basu vs. State of West Bengal case, where the Apex Court laid down detailed guidelines on arrest and interrogation to prevent police excesses.
She also referred to a recent Supreme Court ruling by Justices Vikram Nath and Ahsan-Ud-Din Amanullah, where the bench criticized investigative agencies for disregarding constitutional and legal safeguards during arrests and interrogations. The bench lamented that courts still have to reiterate the principles established in DK Basu’s case, despite the passage of time.
Additionally, she invoked the Constitutional Bench judgment in Lalita Kumari vs. State of UP, which mandated mandatory registration of an FIR if a complaint discloses a cognizable offence—a directive that, according to her, Billawar Police has blatantly ignored.
Dying Declaration Overlooked?
A crucial point in the arguments was the video deposition of Makhan Din, which Advocate Salathia argued should have been sufficient to register an FIR. She claimed that despite this dying declaration, the police failed to act, leading to the necessity of legal intervention.
She urged the court to issue directions to the Billawar Police to register an FIR, stating that the evidence presented clearly indicated the commission of a cognizable offence.
Court Directs Police to Submit ATR
After hearing the arguments, Sub-Judge/Special Mobile Magistrate, Kathua Amandeep Kour directed the SHO of Police Station Billawar to file an Action Taken Report (ATR) on the case before the next hearing on March 4, 2025.
This case has drawn widespread attention amid increasing concerns over custodial violence and police accountability in Jammu and Kashmir. The court’s directive is expected to put significant pressure on law enforcement authorities to justify their actions in the case.(DD)
