Magistrate Cannot Direct Economic Offences Wing To Investigate Custodial Torture Allegations: J&K&L High Court

The High Court of Jammu & Kashmir and Ladakh has held that the Economic Offences Wing, Srinagar, has no authority under the applicable notification to investigate allegations relating to custodial torture and killing.The Court observed that a Magistrate is empowered to direct an investigation only by an agency having jurisdiction over the offence alleged.The Court was hearing a petition filed by the Senior Superintendent of Police, Economic Offences Wing, Kashmir, challenging an order directing registration of an FIR and investigation by the said Wing in relation to allegations of custodial torture and death.A Single Bench of Justice Sanjay Dhar, upon hearing the matter and examining the relevant records, observed: “…the allegation levelled 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 a 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 the Economic Offences Wing, Srinagar, to register an FIR and investigate the case, as the same is beyond the jurisdiction of the aforesaid Investigating Agency”. The matter arose after the respondent had filed a complaint before the Judicial Magistrate alleging that her son was tortured to death by officials of the Police Station Nowgam. The Magistrate directed the Police Station Crime Branch (now Economic Offences Wing, Srinagar) to register an FIR and investigate the matter through an efficient police officer.Challenging this direction before the High Court, the petitioner contended that the Economic Offences Wing lacked jurisdiction to investigate offences of this nature under the relevant notification issued by the Government.The J&K and Ladakh High Court examined Notification S.O. 232 dated 09.05.2022 issued by the Government, declaring the office of the Economic Offences Wing, Srinagar, as a Police Station and vesting its Superintendent of Police with powers of Station House Officer. The annexure to the Notification, the Court observed, specifies particular categories of offences that may be registered and investigated by the said agency.The Court found that allegations of custodial torture and killing do not fall within the notified list of offences. The Bench, accordingly, held that a Magistrate cannot direct an investigation by a police station that lacks notification-based jurisdiction over the subject matter of the complaint.Relying on earlier precedent of a Coordinate Bench, the Court reiterated that while a Magistrate may order investigation by the Officer-in-Charge of a particular police station, such power is conditional upon the station's jurisdiction to investigate the alleged offence. In all other cases, directions must be issued only to the competent jurisdictional police station.Therefore, the Magistrate's order was found contrary to law, being beyond the scope of the notified powers of the Economic Offences Wing.Allowing the petition, the Court set aside the order of the Magistrate and remanded the complaint back for fresh consideration in accordance with law by directing the competent jurisdictional police authorities.Case Title: Senior Superintendent of Police, Economic Offences Wing, Kashmir v. Shafiqa Muneer & AnotherCitation: 2025 LiveLaw (JKL) 301Click Here to Read/Download Judgment

Magistrate Cannot Direct Economic Offences Wing To Investigate Custodial Torture Allegations: J&K&L High Court

LIVELAW NEWS NETWORK

Tags