Srinagar, April 19 (KNS)In a significant development, the High Court of Jammu & Kashmir and Ladakh at Jammu, under Justice Wasim Sadiq Nargal, has directed the personal appearance of the Investigating Officer (SHO, Police Station Billawar) along with the Case Diary (CD) file in the infamous custodial torture case of Makhan Din. The Court is seeking a detailed update on the investigation into FIR No. 0032/2025, dated 09-03-2025, registered under Sections 108, 127(2), and 115(2) of the Bharatiya Nyaya Sanhita (BNS), 2023.
The court also issued notices to top administrative and police officials including the Chief Secretary of J&K, Principal Secretary (Home), Principal Secretary to the Lieutenant Governor, Director CBI, DGP J&K, IGP Jammu Zone, SSP Kathua, and SHO Billawar. Senior AAG Monika Kohli accepted the notices on behalf of the respondents and was granted one week to submit a response.
The writ petition was filed by Mohd Mureed (father) and Juna Begum (widow) of Makhan Din, both residents of Bhatodi village in Billawar Tehsil, Kathua district. They have demanded the transfer of the case to the Central Bureau of Investigation (CBI) for an impartial and independent probe.
Representing the petitioners, Advocate Appu Singh Salathia made forceful submissions in a packed courtroom. He highlighted a viral video dated 05-02-2025, in which the 26-year-old tribal youth, Makhan Din, alleged he was subjected to brutal torture while in police custody at Billawar. In the video, Makhan Din—holding the Holy Quran—denied any links with militants and stated he falsely confessed under duress.Click Here To Follow Our WhatsApp ChannelHe claimed he could no longer endure the torture and subsequently took his own life by consuming poison.
Salathia further informed the court that despite the dying declaration, no FIR was initially registered. Instead, the district administration dismissed the allegations, branding Makhan Din as an OGW (Over Ground Worker), and ordered a Magisterial Inquiry and a departmental probe led by DIG JSK Range, Shiv Kumar, IPS.
It was only after the intervention of the Sub-Judge (Special Mobile Magistrate), Kathua, that FIR No. 0032/2025 was lodged on March 9. However, Salathia pointed out discrepancies in the FIR, notably the absence of the names of the police officials allegedly involved in the torture—Mohd Shafi, Lucky, Harish, and Jugal—despite their mention in the initial complaint.
He also raised serious concerns about the 'Action Taken Report' submitted on March 6 by IO Inspector Zaheer Mushtaq, which allegedly exonerated the accused without a fair inquiry.
Given these contentions, Salathia argued that an unbiased investigation is impossible under the current local police setup, urging the Court to shift the probe to the CBI.
While Justice Nargal deferred interim directions for now, he assured the matter will be revisited at the next hearing, scheduled for April 25, 2025. He also reiterated the requirement for the Investigating Officer to appear in person with the complete CD file.(KNS)