J&K HC Sets Aside Order Asking EOW To Probe 'Custodial Death&#8217

Srinagar- The High Court of J&K and Ladakh has set aside a Judicial Magistrate's order directing the Economic Offences Wing (EOW), formerly Crime Branch, to register an FIR and investigate the alleged custodial death of a 25-year-old youth in Srinagar in July 2022.

Allowing a petition filed by the Senior Superintendent of Police (SSP), EOW Kashmir, a bench of Justice Sanjay Dhar remanded the matter back to the Magistrate for passing fresh orders on the complaint filed by the deceased youth's mother, strictly in accordance with law.

In his plea, the SSP contended that the EOW had no jurisdiction to probe the allegation that the woman's son (Muslim Muneer of Natipora Srinagar) was tortured to death at Police Station Nowgam, contending that such offences fall outside the scope of Notification S.O. 232 dated 09.05.2022, which limits the agency's mandate to specified economic offences.

The bench observed that Notification S.O. 232 designates the EOW Srinagar office as a Police Station and vests the Superintendent of Police posted there with the powers of a Station House Officer. However, the Court observed that the annexure to the Notification lists only those offences that the EOW was authorised to register and investigate.

“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 noted.

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