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JAMMU MAR 06:-In a significant order, today Sub-Judge/Special Mobile Magistrate, Kathua Amandeep Kour 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 upon Makhan Din while he was in custody of Billawar Police.
In a four pages order, the Special Mobile Magistrate, Kathua Amandeep Kour after hearing Advocate Appu Singh Salathia appearing for the complainants and Senior PO Munish Kumar appearing for SSP, Kathua and SHO, Billawar disposed of the 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) and observed that the Supreme Court in Lalita Kumari V/s Govt of UP mandates the registration of an FIR in case of commission of a cognizable offence. The Court further held that law has been reiterated in a catena of judgments as relied and cited by Advocate Appu Singh Salathia appearing for the applicants/complainants particularly case titled Ramesh Kumari Vs State (N.C.T of Delhi), State of Haryana and Ors Vs Ch. Bhajan Lal & Ors, Sirajuddin Vs State of Madras, Priyanka Srivastava & Anr Vs State of UP. In the open court Advocate Appu Singh Salathia furnished to the Court a compilation containing thirteen Judgements of Apex Court regarding custodial torture/inquest proceedings/registration of FIR/dying declaration while advancing her case for registration of FIR in the matter.
When the two complaints of wide public importance came up for hearing, Senior Prosecuting Officer (Sr. PO) Munish Kumar filed an Action Taken Report (ATR) as per the previous orders dated 28-02-2025 and 04-03-2025 and further 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 vide order dated 27-02-2025 granted permission to conduct a preliminary inquiry in order to ascertain the facts and take further action in the matter and the preliminary inquiry was entrusted to PSI Rahul Sharma of P/S Billawar and in his inquiry, he has not found any evidence to satisfy that the deceased and his father were subjected to torture by the police. It was further stated that all three inquiries are pending and a thorough and impartial inquiry is ongoing.
On the other hand, Advocate Appu Singh Salathia appearing for the complainants vociferously argued that the Police Officials have violated the principles established in D.K Basu Vs. State of West Bengal and asserted that FIR must be registered in the matter on the basis of the dying declaration of Makhan Din who in a Mosque after putting Holy Quran on his head sworn that he was subjected to third degree torture to confess his links with anti-national elements when he is innocent and has no association with militants operating in the hills of Billawar.
Advocate Appu Singh Salathia also read out in the open court the last words used by Makhan Din before ending his life on camera and further stated that the video deposition of Makhan Din itself sufficient for constituting a cognizable offence for registration of an FIR in the matter. She further submitted that both the complaints disclose commission of cognizable offences but the Billawar Police in order to shield the erring cops failed to register the FIR and this compelled the complainants to approach this court of law.
After considering the submissions from both the sides, the Sub-Judge (Special Mobile Magistrate), Kathua Amandeep Kour 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 an FIR based on their application. The court with regard to the application moved by two Advocates observed that prayer for separate FIR on their complaint is rejected as their complaint does not introduce any new facts or circumstances warranting a separate FIR.
With these observations and directions, the Sub-Judge/Special Mobile Magistrate, Kathua Amandeep Kour disposed of the matter by directing SHO, P/s Billawar to register an FIR and initiate a thorough investigation into the matter in accordance with law. Complainant Advocates Mohd Anwar Chowdhary, S.S. Ahmed were also present in person whereas Mohd Mureed (Father of Makhan Din) and Advocate M. Zulkarnain Chowdhary were also present in the court.
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