Calcutta High Court Upholds CBI Probe Into Allegations Of Custodial Torture By Accused Arrested For Threatening Abhishek Banerjee's Daughter

The Calcutta High Court division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya has upheld a single bench's order directing a CBI probe into allegations of custodial torture by the accused arrested for allegedly threatening Trinamool Congress MP Abhishek Banerjee's daughter.

Earlier, a single bench of Justice Rajarshi Bharadwaj had ordered a CBI probe into the allegations.

The accused were arrested after a complaint was made against them for allegedly making objectionable remarks. It was stated that even though there were no POCSO offences mentioned in the complaint, the police had added those sections to the chargesheet.

The division bench stated that the records showed that the petitioner was subjected to physical abuse, which was evident in the medical report. It was stated that the petitioner was arrested by the police after Nabanna Abhijan for making allegedly objectionable remarks and medical reports by the correctional home showed signs of custodial torture.

The accused was a participant in the Nabanna Abhijan march, and the protest questioned the Rs 10 lakh grant given by the state government to the family of the trainee doctor who was raped and murdered at RG Kar medical college and hospital.

It was alleged in the complaint that during this protest, the accused made objectionable remarks against the minor daughter of the TMC MP.

Counsel for the accused submitted that a complaint was filed at the Diamond Harbour police station, and the police arrested two women in the case, who were allegedly assaulted while in custody by police officers.

Objecting to this, they approached the single bench, who ordered a CBI probe into the allegations.

On this occasion, while dismissing the state's plea, the division bench stated:

"The fact that has greatly disturbed our mind is the discrepancy in the recording of the medical state of the petitioners by different authorities. The POCSO judge ordered for judicial custody of the accused. The medical officer of the correctional home recorded hematomas in legs and back, and pain. This recording cannot be disputed due to the documents presented. Shockingly, when the accused earlier was produced before the government medical hospital, Diamond Harbour, it was said that there was no external injury. This shows a clear discrepancy. It is evidently clear that the trauma has occurred to the writ petitioner when they were in police custody."

"We are further disturbed by the fact that special court recorded that the name of the accused are not in the FIR, and they have not be accused of the specific offense, save and except their presence at the place of occurrence. The court also denied the prayer for police custody. A personal of normal prudence would believe that in the next paragraph the court would grant bail, but it did not. We do not say anymore because it is a judicial order, but it must be taken note of," the Court added.

Court noted that the petitioner's advocate submitted that despite the special court's order to provide medical facilities to the petitioner, the same was not provided. It was held that these serious discrepancies demand an independent agency to look into the allegations. 

It was also noted that due to the nature of the incident, allowing the police to investigate the same, would lead to a conflict of interest. 

"The addition of POCSO charges against the accused, especially after they were not named in the complaint, is an overzealous attempt by the respondent police," the Court added.

Case: STATE OF WEST BENGAL AND ORS VS REBEKA KHATUN MOLLA ALIAS REBEKA MOLLA AND ORS 

Case No: MAT/2026/2024

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