The Supreme Court on Monday directed the Special Investigation Team (SIT) to probe the alleged custodial torture of two women, who were arrested during protests that took place in the wake of the rape and murder of a resident doctor at the RG Kar Hospital in West Bengal.
The Bench of Justice Surya Kant and Justice Ujjal Bhuyan constituted a fresh SIT to probe the matter, while ordering the Calcutta High Court to periodically monitor the same.
The Apex Court passed the order on an appeal filed by the West Bengal government against a Calcutta High Court order that transferred the probe from the State police to the Central Bureau of Investigation (CBI).
The top court of the country directed that the case records be handed over to the SIT, which would be independent of any observations made so far in the matter.
The case pertained to two women – Rama Das and Rebeka Khatun Molla, who were arrested in August this year in West Bengal, during the protests against the rape and murder of a resident doctor at the RG Kar Hospital.
The women 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.
The women approached the Calcutta High Court for a CBI probe and compensation on allegations that they were tortured by the State police.
The 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 leader Abhishek Banerjee.
On October 8, the single-judge Bench of Justice Rajarshi Bharadwaj took a serious view of allegations that the State police had tortured Das, while she was in their custody from September 8 to 11.
The High Court proceeded to order a CBI probe into allegations that the petitioners were tortured by a police officer.
A Division Bench of the Calcutta High Court, led by Chief Justice TS Sivagnanam, rejected the State’s appeal against this single-judge order on November 6.
The West Bengal government challenged the Division Bench order before the Supreme Court.
Earlier on November 11, the Apex Court had stayed the Calcutta High Court verdict to order a CBI investigation into the matter. It had also asked the State of West Bengal to submit a list of Indian Police Service (IPS) officers, including women officers, who could be included in an SIT that may be tasked with the probe.
The Apex Court today finalised the constitution of the SIT, but not before criticising frequent aspersions cast on State police.
The Bench asked Senior Advocate Ranjit Kumar, appearing for the arrested protestors, whether he thought the Police Inspectors could not probe their own officers? How would the Court function in such circumstances, it asked further.
The top court of the country further questioned how the CBI, which was already dealing with a heavy workload, could be expected to take this case on as well.
The Senior Counsel alleged that the probe conducted by the State was an absolute farce. He said there was political pressure involved, given the allegation that remarks were made during the protests against AITC leader Abhishek Banerjee’s daughter.
Senior Advocate Kumar further submitted that the Diamond Harbour MP was influential in the area. The women could not even secure bail. They were arrested for clapping during a speech, he added.
The Apex Court, while observing that such allegations cast aspersion on the entire IPS force in the State of West Bengal, directed the officers to come out with the truth.
The Bench said in case the officers did not comply with the directions, other options were available with the Court.
Appearing for West Bengal government, Senior Advocate Kapil Sibal suggested the Bench to monitor the probe itself, to settle any apprehension of bias.
The Apex Court eventually ordered a High Court-monitored SIT probe in the case.