HC orders compensation for man who alleged torture in custody

Jammu and Kashmir High Court has directed the state to pay Rs five lakh as compensation to a man who suffered fractures due to alleged torture in BSF custody 21 years ago.
A division bench comprising Chief Justice N Paul Vasanthakumar and Justice Hasnain Masoodi allowed an appeal against a single bench order and directed that compensation be paid to petitioner Muhammad Amin Sofi, a resident of Abiguzar here.
In his petition, Sofi said he was arrested on June 23, 1994, by the commandant of 30 Battalion Border Security Force at Neelam Chowk.
He complained that he was subjected to severe torture in BSF custody and suffered fractures in hip-bone and right leg.

He filed a writ petition in High Court and sought compensation of Rs five lakh for his medical treatment here and at All India Institute of Medical Sciences (AIIMS) in Delhi.
A single bench dismissed the petition on the ground that the petitioner had raised disputed questions and the relief sought in the plea was unwarranted.

Sofi challenged the order of single judge before a division bench of High Court which ordered Principal District and Sessions Judge Srinagar to conduct an inquiry into the matter.
The inquiry report submitted before the High Court revealed that Sofi had earlier suffered a fracture which was quite distinct from the one he suffered in 1994.

Allowing the plea, the court held that the report of the Principal District Judge Srinagar dated May 16, 2015, "destabilises the very foundation on the basis on which the writ petition was dismissed".
While the court directed commandant of 30 Battalion BSF to pay compensation to Sofi, it said the state government also cannot escape from liability to pay the compensation.
The court directed the state respondents -- Chief Secretary and DGP -- to pay compensation to the appellant from Security Related Expenditure provided by the central government.
In absence of the availability of such funds, the court said, the two authorities will mobilise their own resources to pay compensation to Sofi.