In a significant development, the Sub-Judge/Special Mobile Magistrate, Kathua, Amandeep Kour, has directed the SHO of Billawar Police Station to submit Action Taken Report (ATR) on two complaints seeking registration of FIR in the custodial torture of Makhan Din in Billawar in Kathua district.

Makhan Din had recently committed suicide following his alleged torture in the Billawar Police Station.

Advertisement

One complaint had been filed by Mohammad Mureed, the father of the deceased, Makhan Din, and his widow Juna Begum. The second complaint was filed by advocates Mohammad Anwar Chowdhary and Sheikh Shakeel Ahmed. Both complaints were filed through Advocate Appu Singh Salathia.

When these two complaints came up for hearing before the Sub-Judge/Special Mobile Magistrate, Kathua, Amandeep Kour, Advocate Appu Singh Salathia submitted that despite approaching the SHO of the Billawar Police Station and the Kathua SSP, the FIR into the custodial torture of Makhan Din had not been registered even though prima facie cognizable offences were made out against the accused. This compelled the complainants to invoke the jurisdiction of this court under Section 175(3) BNSS, 2023.

Advocate Appu Singh Salathia claimed that the 26-year-old tribal, Makhan Din, and his father Mohammad Mureed were subjected to third degree torture while in the custody of the Billawar Police. She further submitted that on February 4, 2025, two police officials, namely Mohammad Shafi and Lucky, on the directions of their senior officers, tortured Makhan Din and his father Mohammad Mureed throughout the night to coerce them into making statements of having links with militants and their subversive activities.

Advocate Appu Singh Salathia submitted that recently a bench of the Apex Court, comprising Justices Vikram Nath and Ahsan-Ud-Din Amanullah, expressed displeasure over the conduct of the investigative agencies and the police for not adhering to the constitutional and statutory safeguards while arresting and taking the accused into custody.

Advocate Appu Singh Salathia further submitted that the video deposition of Makhan Din was sufficient for the registration of the FIR. However, despite his dying declaration, the Billawar Police failed to register the case, compelling the filing of the present two complaints. She further prayed before the court that this is a fit case for issuing directions to the Billawar Police to register an FIR in the matter, as prima facie cognizable offences were made out.

After considering the detailed arguments of Advocate Appu Singh Salathia, the Sub-Judge/Special Mobile Magistrate, Kathua, Amandeep Kour, directed the SHO of the Billawar Police Station to file Action Taken Report in the matter before the next date of hearing on March 4, 2025.