The Supreme Court of India has stayed the Calcutta High Court’s order for a CBI investigation into alleged custodial torture of two women detained during protests in West Bengal. This follows the rape and murder of a doctor. The court has instructed the state government to propose IPS officers for a potential new Special Investigation Team. Further hearings are anticipated.
Kolkata: On Monday, the Supreme Court stayed the Calcutta High Court’s order directing a Central Bureau of Investigation (CBI) probe into the alleged custodial torture of two women who were detained during protests in West Bengal. These protests erupted after the rape and murder of a resident doctor at Kolkata’s RG Kar Medical College and Hospital. The top court’s Bench, comprising Justices Surya Kant and Ujjal Bhuyan, issued this stay following an appeal from the West Bengal government against the Calcutta High Court’s directive.
The Supreme Court has now requested that the West Bengal government provide a list of Indian Police Service (IPS) officers, including women officers, who could be assigned to a new Special Investigation Team (SIT). This SIT may potentially replace the CBI in investigating the case of alleged custodial torture.
Earlier, on October 8, Calcutta High Court Justice Rajarshi Bharadwaj took serious note of the allegations, specifically regarding Ms. Rama Das, who claimed she had been subjected to torture while in police custody from September 8 to 11, following her arrest on September 7. She was detained amidst protests that surged after the tragic RG Kar hospital incident in August. Upon reviewing medical reports, the High Court noted that “Ms. Rama Das was subjected to physical torture while in police custody.”
The charges against Das, as well as another detainee, Rebeka Khatun Molla, fall under various provisions, including the Bharatiya Nyaya Sanhita (BNS), 2023, the Protection of Children from Sexual Offences Act (POCSO), 2012, and the Information Technology Act, 2000. Both women later approached the High Court, seeking a CBI investigation and compensation, citing severe mistreatment by the State police.
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According to the petitioners, their arrest was unwarranted, with accusations that they had “instigated” another protester to make inappropriate remarks about the minor daughter of Trinamool Congress Party (TMC) leader Abhishek Banerjee. Justice Bharadwaj, in his October 8 order, highlighted that the petitioners had allegedly clapped when these remarks were made, leading to their detention. The High Court consequently called for a CBI probe into the alleged torture, with a CBI report initially scheduled for November 15.
However, on November 6, a Division Bench of the Calcutta High Court, led by Chief Justice TS Sivagnanam, rejected an appeal from the West Bengal government against the single-judge order. In response, the West Bengal government escalated the matter to the Supreme Court, seeking relief from the CBI investigation order.
The Supreme Court’s stay now effectively halts the CBI’s involvement, and a final decision on the composition of a new investigative team remains pending. This case is scheduled for further hearings, and the West Bengal government’s response on potential IPS officers for the SIT is awaited.
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