How the Supreme Court’s Intervention Exposed the Rot in Kashmir’s Policing System
By: Javid Amin | 21 Aug 2025
When Protectors Become Perpetrators
Policing in India carries a heavy responsibility: to protect citizens, uphold the law, and serve as the first line of defense for democracy. Yet, when that very institution turns inward, misusing its power against one of its own, the consequences are devastating—not just for the victim, but for public faith in the system itself.
The shocking case from Kupwara district in Jammu & Kashmir, where six policemen—including a Deputy Superintendent of Police (DySP) and a Sub-Inspector—were arrested by the Central Bureau of Investigation (CBI) for the brutal custodial torture of Constable Khursheed Ahmad, has shaken Kashmir and the nation alike.
This case is not merely about individual wrongdoing—it is about the dangerous culture of impunity, institutional cover-ups, and unchecked power. It is also a sobering reminder that custodial torture is not confined to anonymous suspects or marginalized communities—it can engulf insiders too, when systems lack accountability.
What Happened in Kupwara: The Horror Inside
Illegal Detention
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In February 2023, Constable Khursheed Ahmad was illegally detained at the Joint Interrogation Centre (JIC) in Kupwara.
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Over a period of six days, he was denied legal counsel, denied due process, and subjected to torture techniques that echo the darkest chapters of human rights abuse.
Methods of Torture
Testimonies and medical reports paint a chilling picture:
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Electric shocks administered repeatedly.
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Pepper rubbed into private parts, causing unbearable agony.
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Mutilation of genitalia — both testicles surgically removed later due to irreparable damage.
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Iron rods inserted into the body, leaving internal injuries.
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Severe fractures and burn injuries confirmed by medical records from SKIMS Srinagar.
The Victim’s Ordeal
Khursheed Ahmad survived—but with permanent disability, deep psychological scars, and irreparable loss of dignity. His story has become a symbol of systemic failure and the human cost of unchecked authority.
Supreme Court Intervention: Drawing the Line
The case may never have reached this stage had the Supreme Court not stepped in. Initially, both the J&K Police and the High Court were accused of downplaying the severity of the incident.
SC’s Observations
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The torture was described as a “gross violation of Article 21”—the constitutional right to life and dignity.
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The Court called the incident “a scar on the face of Indian democracy”, emphasizing that custodial torture erodes the very foundation of justice.
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The systematic cover-up by local authorities was condemned as an attempt to shield the guilty officers rather than seek truth.
Key Directions from the Bench
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Ordered a CBI investigation, independent of J&K Police.
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Directed formation of a Special Investigation Team (SIT) within CBI.
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Announced ₹50 lakh compensation to the victim for grievous injuries and loss of livelihood.
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Demanded accountability reports from senior officers, questioning their role in enabling a culture of impunity.
This intervention reinforced the Supreme Court’s role as the guardian of fundamental rights.
Public Outcry and Civil Society Response
The revelations ignited widespread anger across Kashmir:
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Civil society groups denounced the incident as proof of a toxic policing culture.
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Human rights activists argued that this was not an isolated case, but a symptom of systemic rot.
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Local communities expressed fear, noting that if a constable in uniform could be brutalized in this manner, ordinary citizens stood little chance.
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Media debates highlighted a deeper malaise: a lack of independent oversight in policing structures.
As one activist in Srinagar put it:
“This is not just about one tortured policeman. It is about every Kashmiri who has been silenced, beaten, or denied justice in custody.”
The Larger Context: Custodial Torture in India
A Pattern, Not an Exception
India has long struggled with custodial abuse:
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According to National Human Rights Commission (NHRC) data, hundreds of custodial deaths are reported every year.
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Many more cases of torture without death remain unreported due to fear of reprisal.
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Despite multiple commissions and guidelines, implementation remains weak.
Why Torture Persists
Experts point to several reasons:
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Culture of Impunity – Senior officers often shield juniors to “protect the force’s image.”
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Weak Oversight – Lack of independent monitoring bodies leaves policing unchecked.
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Outdated Interrogation Practices – Despite advances in forensics, torture is still seen as a “shortcut” for extracting confessions.
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Judicial Delays – Even when cases reach courts, years of delay erode accountability.
Institutional Accountability: The Rot Within
The Kupwara case also exposes how institutions close ranks to protect their own:
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J&K Police initially downplayed the allegations, portraying the incident as a disciplinary issue rather than torture.
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Medical reports were allegedly delayed or diluted.
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The High Court, according to the SC, failed to apply adequate scrutiny, raising concerns of judicial complacency.
This culture of denial and deflection is precisely what allows torture to persist.
The Human and Social Cost
The consequences of custodial torture extend far beyond the individual victim:
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For Families: Broken livelihoods, long-term trauma, and financial ruin.
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For Society: Erosion of trust in law enforcement, deepening alienation between citizens and state.
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For Institutions: Weakening of democratic legitimacy, loss of moral authority for police forces.
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For Kashmir: Already grappling with a history of human rights concerns, this case reinforces narratives of systemic abuse.
Pathways to Reform: Can This Be Prevented?
Experts and activists suggest a multi-pronged reform agenda:
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Independent Oversight Commissions – With civilian members empowered to investigate custodial complaints.
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Mandatory CCTV and Audio Recording – In all interrogation centers and police stations.
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Fast-Track Courts for Custodial Crimes – To deliver justice within months, not decades.
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Psychological Counseling and Rehabilitation – For victims of torture, ensuring long-term dignity and recovery.
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Police Training Reforms – Emphasizing forensic methods, human rights law, and community policing.
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Accountability for Senior Officers – Command responsibility must apply; negligence should not be excused.
Without systemic change, this will remain another headline—quickly forgotten.
International Dimension: India’s Global Image
Custodial torture also affects India’s international standing:
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India is a signatory to the UN Convention Against Torture (UNCAT) but has not ratified it.
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Global rights groups often cite cases like Kupwara to question India’s human rights record.
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In the era of digital diplomacy, incidents like these harm tourism, investment, and India’s narrative as the “world’s largest democracy.”
Conclusion: A Moral Reckoning
The Kupwara custodial torture case is more than a legal battle—it is a moral test for Indian democracy.
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Will institutions hold their own accountable?
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Will compensation be matched with justice?
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Will reforms prevent another Khursheed Ahmad?
When the Supreme Court intervened, it restored a measure of faith. But true justice will come only when torture ceases to be an accepted tool of policing and when institutions stop protecting perpetrators in uniform.
As Kashmir watches closely, this case may determine whether the Valley’s people see the Indian state as a protector of rights—or a violator of them.
For now, one thing is clear: the Kupwara case has ripped away the veil, forcing India to confront its darkest policing practices. The Silverline of justice, fragile though it is, lies in society’s demand that this not become just another forgotten story.
