Yesterday, On 8th October, The Calcutta High Court ordered a CBI investigation into allegations of “torture” of a woman in police custody. Two women petitioners claimed they were physically abused by the police during their detention. The court noted that a report from a jail official confirmed the abuse of one of the women.
Kolkata: The Calcutta High Court on Tuesday ordered a CBI investigation into the alleged custodial torture of a woman arrested during protests over the rape and murder of a doctor at RG Kar Medical College and Hospital.
Two women petitioners alleged physical abuse by the police during detention, and the court noted that a report from a jail official confirmed the abuse of one of them.
Justice Rajarshi Bharadwaj directed the CBI to conduct a detailed investigation into the alleged physical torture that occurred while the petitioner was in police custody from September 8 to September 11.
The court observed,
“The decision to transfer the matter to the CBI is based on the need for an impartial and independent inquiry into the serious allegations of custodial torture,”
Justice Bharadwaj highlighted that an investigation by local law enforcement could present a conflict of interest due to the involvement of police authorities.
The court added,
“The CBI is instructed to identify the police officers involved and to undertake appropriate legal proceedings against those responsible for such acts in accordance with the law,”
The petitioners stated they participated in peaceful rallies seeking justice for the brutal rape and murder of the doctor on August 9 at RG Kar hospital, and emphasized that their actions protected under Article 19 of the Constitution, which guarantees freedom of speech and peaceful assembly.
It further noted that the first petitioner was arrested on September 8 by officers from Falta police station in South 24 Parganas district, following a complaint by a woman, with charges under the Bharatiya Nyaya Sanhita (BNS), 2023, along with provisions of the POCSO Act, 2012, and the Information Technology Act, 2000.
The court further noted that the second petitioner arrested on August 27 during the Nabanna Abhiyan rally organized by ‘Chhatra Samaj’.
Initially released on bail after being charged under several sections of the Bharatiya Nyaya Sanhita, 2023, the Prevention of Damage to Public Property Act, 1984, and the West Bengal Maintenance of Public Order Act, 1972, she was rearrested on September 7. She was also implicated in the same case under Falta police station as the first petitioner. Both petitioners were presented before the district and sessions judge, special court (under the POCSO Act) at Diamond Harbour on September 9.
Their bail requests denied, leading to their remand in police custody, followed by judicial custody. The petitioners were granted bail on October 5.
Advocate General Kishore Dutta, representing the West Bengal government, argued that the arrests and detention of the petitioners were lawful, citing credible allegations against them. He claimed that the petitioners had participated in activities that violated legal provisions, contrary to their claims of peaceful protest.
The high court, however, noted that a medical report submitted by the superintendent of the Diamond Harbour sub-correctional home indicated that the second petitioner had been subjected to physical torture while in police custody.
Upon reviewing the evidence, the court observed that there was no “reason to believe” that the petitioners were involved in any illegal activity, as the FIR and supporting material did not provide credible evidence or establish the commission of an offense.
Justice Rajarshi Bharadwaj directed the state to file an affidavit opposing the petitioners’ claims within four weeks, with a response from the petitioners due within another week. The CBI investigating officer was instructed to submit a report by November 15, and the case will be heard again on November 18.
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