Today, November 11, the Supreme Court stayed the Calcutta High Court's decision to order a probe by the Central Bureau of Investigation (CBI) into the alleged custodial torture of two women arrested amid protests that took place in West Bengal in the wake of the rape and murder of a resident doctor at the RG Kar hospital.
A Bench of Justices Surya Kant and Ujjal Bhuyan stayed the order directing a CBI probe following an appeal by the West Bengal government against the Calcutta High Court's decision, reported the Bar and Bench.
Additionally, the apex court asked the state to submit a list of Indian Police Service (IPS) officers, including women officers, who could be included in a fresh Special Investigation Team (SIT) that may be tasked with investigating the custodial torture case instead of the CBI.
Calcutta HC
On October 8, Justice Rajarshi Bharadwaj of the Calcutta High Court took a serious view of allegations that the state police had tortured one Rama Das while she was in their custody from September 8-11, after her arrest on September 7. She was arrested amid protests that erupted following the RG Kar rape and murder that took place in August this year.
In its order, the high court had observed that "upon reviewing the medical report submitted by the Superintendent, Diamond Harbour Sub-correctional Home, South 24-Parganas, it is evident that Ms Rama Das was subjected to physical torture while in police custody."
Das faced charges under the Bharatiya Nyaya Sanhita (BNS), 2023, the Protection of Children from Sexual Offences Act (POCSO), 2012 and the Information Technology Act, 2000. Furthermore, Das and another person arrested in the same case, namely Rebeka Khatun Molla, later moved a plea before the high court for a CBI probe and compensation on allegations that they were tortured by the state police.
Petitioners claim
The two petitioners claimed that they were inexplicably arrested by the state police on allegations that they had "instigated" another protestor to make remarks against the minor daughter of Trinamool Congress Party (TMC) leader Abhishek Banerjee, the Bar and Bench report stated.
In its October 8 order, a single judge of the High Court noted that Das and Molla (petitioners) were booked for allegedly clapping when these unwarranted remarks were made. The court proceeded to order a CBI probe into allegations that the petitioners were tortured by a police officer and sought a report from the CBI by November 15. The matter was listed for further hearing on November 18.
On November 6, a Division Bench of the Calcutta High Court led by Chief Justice TS Sivagnanam rejected the state's appeal against this single-judge order. This has now been challenged by the West Bengal government before the Supreme Court.
Senior Advocate Kapil Sibal represented the West Bengal government today, November 11.
