CBI Drops Attempt-to-Murder Charge: 8 J&K Cops Granted Bail in Torture Case—Justice Served or System Failing?

Court relief: CBI drops attempt-to-murder charge; eight J&K cops granted bail

In a decision that has reignited debates about accountability and impunity within law enforcement, eight Jammu and Kashmir police officers—including a Deputy Superintendent of Police (DSP)—have been granted bail by a Kupwara court after the Central Bureau of Investigation (CBI) formally dropped the attempt-to-murder charge against them. The development marks a dramatic shift in a high-profile case that began with shocking allegations of prolonged torture against one of their own: a J&K constable held captive and abused for six days in February 2023 .

The case, initially investigated by state authorities, was transferred to the CBI following a scathing observation by the Supreme Court, which called the alleged abuse “a gross violation of human dignity.” Now, with the most severe charges withdrawn and all eight officers walking free on bail, many are asking: Has justice been served—or has the system once again shielded its own?

Table of Contents

The Original Allegations: A Constable’s Ordeal

In February 2023, a J&K police constable filed a harrowing complaint alleging that he was illegally detained by senior officers at a police station in north Kashmir’s Kupwara district. According to his statement, he was:

  • Held incommunicado for six consecutive days without arrest documentation.
  • Subjected to physical torture, including beatings with iron rods and electric shocks.
  • Denied food, water, and medical attention, leading to severe internal injuries requiring hospitalization.

The incident sparked public outrage and prompted the J&K High Court to intervene. In response to petitions, the Supreme Court of India directed the CBI to take over the investigation in March 2023, citing the “need for an impartial probe” .

CBI Drops Attempt-to-Murder Charge: The Turning Point

After nearly two years of investigation, the CBI filed a chargesheet in late December 2025—but with a critical omission: the Section 307 (attempt to murder) charge under the Indian Penal Code was dropped. Instead, the agency recommended prosecution only under sections related to wrongful confinement (IPC 342), voluntarily causing hurt (IPC 323), and criminal intimidation (IPC 506) .

In its report, the CBI stated that “medical evidence did not conclusively establish intent to cause life-threatening injury,” a conclusion that has drawn sharp criticism from human rights organizations. The National Human Rights Commission (NHRC) is reportedly reviewing the CBI’s findings for potential oversight .

Court Proceedings and Bail Granted

With the most serious charge removed, the legal calculus changed dramatically. On December 30, 2025, the Special CBI Court in Kupwara granted bail to all eight accused, including DSP Mohammad Iqbal Dar. The court noted that:

  • The accused had no prior criminal record.
  • The remaining charges are bailable and non-heinous.
  • Investigation is complete, and no further custodial interrogation is needed.

The officers were released within hours, returning to administrative duties pending trial—a move that has further inflamed public sentiment in Kupwara and beyond.

This case sits at the intersection of legal procedure and moral accountability. While the CBI’s decision may be technically sound—based on evidentiary thresholds—it raises profound ethical questions:

  • Does “lack of intent to kill” excuse prolonged, sadistic torture by state actors?
  • Are bailable offenses sufficient to deter future abuse within police ranks?
  • Does the withdrawal of Section 307 signal a systemic reluctance to hold law enforcement to the highest standard?

Legal scholars point out that under international standards—like the UN Convention Against Torture, which India has signed but not ratified—any act of torture by public officials warrants stringent punishment, regardless of intent to kill.

Public and Expert Reactions

Civil society groups have condemned the development. “Dropping attempt-to-murder in a case involving six days of torture sends a chilling message: that custodial violence has a low cost,” said Khurram Parvez of the J&K Coalition of Civil Society .

Conversely, police unions argue the accused deserve due process. “These are officers with decades of service. They must not be presumed guilty based on allegations,” stated a spokesperson for the J&K Police Officers’ Association.

Meanwhile, the victim’s family remains in fear. “He still can’t walk properly,” his brother told local media. “And now his torturers are free. Where is justice?”

Broader Context: Police Accountability in India

This case reflects a wider pattern. According to a 2023 report by Common Cause and Lokniti-CSDS, over 65% of Indians believe police are rarely held accountable for misconduct . Custodial deaths remain underreported, and convictions in torture cases are exceedingly rare.

Efforts to reform policing—like the Model Police Act or the 2020 Draft National Action Plan for Torture Prevention—have stalled in Parliament. Until systemic safeguards are enforced, cases like this will continue to erode public trust. For deeper analysis, see our feature on [INTERNAL_LINK:police-reforms-india-status-report-2025].

Conclusion: Justice Delayed or Denied?

The CBI drops attempt-to-murder charge decision may be legally defensible, but it fails the court of public conscience. While the eight J&K cops now walk free on bail, the constable they allegedly tortured walks with pain—and a nation watches, wondering if equal justice truly applies to those who wear the uniform. As the trial proceeds, all eyes will be on whether the remaining charges lead to meaningful consequences—or fade into bureaucratic oblivion.

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