Magistrate Can't Direct Economic Offences Wing To Investigate Custodial Torture Allegations: Jammu & Kashmir And Ladakh High Court

The Jammu & Kashmir and Ladakh High Court has held that a Magistrate cannot direct the Economic Offences Wing to investigate into the allegations of custodial torture as the latter lacks the authority to do so.

The Court was considering a Petition challenging the order passed by Judicial Magistrate 1st Class whereby a direction was issued to the SHO, Police Station Crime Branch, Srinagar to register an FIR and get the case investigated.

The bench of Justice Sanjay Dhar held, "In the instant case, as already stated, the allegation leveled by respondent No.1 in the complaint is with regard to torture and custodial killing of her son by the police of Police Station, Nowgam. Such type of offence does not find mention in the list of offences mentioned in Annexure to S.O 232 dated 09.05.2022. Therefore, the learned trial Magistrate was not empowered to direct Economic Offences Wing, Srinagar to register an FIR and investigate the case, as the same is beyond the jurisdiction of aforesaid Investigating Agency. Thus, the order impugned passed by the learned Magistrate, is not sustainable in law."

The Petitioner was represented by Advocate Maha Majid.

The only ground on which the Petitioner challenged the impugned order was that the Police Station, Economic Offences Wing, Kashmir (formerly Crime Branch Kashmir) has no jurisdiction to investigate the case of the nature as projected in the Complaint before the Trial Magistrate.

It was submitted that as per allegations made in the Complaint, Respondent No.1's son was tortured to death by the Police of Police Station, Nowgam, but jurisdiction to investigate such offences is beyond the scope notification issued which vests jurisdiction to Police Station, Economic Offences Wing, Kashmir to investigate certain offences.

"A perusal of Notification S.O 232 dated 09.05.2022 reveals that the Government has declared inter alia the office of Economic Offences Wing, Srinagar as the Police Station and the Superintendent of Police posted in the said office has been vested with powers of Station House Officer. The Annexure to the said Notification gives the details of offences which can be registered and investigated bythe aforesaid Police Station. So far as the offence relating to custodial torture and killing is concerned, the same does not figure in the list of offences which are eligible to be registered and investigated by Police Station, Economic Offences Wing, Srinagar", the Court clarified.

The Petition was accordingly allowed.

Cause Title: Senior Superintendent of Police Economic Offence Wing Kashmir v. Shafiqa Muneer and Anr.

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