"Under Which Law Were They Detained?" Calcutta High Court Questions Detention Of Students Who Were Allegedly Tortured In Custody

The Calcutta High Court has expressed concern over the lack of answers presented by the state police on the detention and alleged custodial torture of three female college students at a women's police station in North Bengal. 

"Ask your [officer] under what provision were they taken? Today morning I was shattered when the SDPO rank officer could not answer. Its not that protests don't happen, or get wild. These are normal things. They were detained for long...police must be in the process of making a decision of whether it is cognizable or non-cognizable offence. Today I was shattered...it is an officer of the rank of SDPO...very alarming...they need to be trained...police can take action, but under what passage of the book did you take action," Justice Tirthankar Ghosh remarked.

The students had approached the High Court against the allegedly illegal detention after they were picked up from outside their college while participating in a protest relating to the state's education policies. Similar protests in Kolkata saw clashes between Education Minister Bratya Basu's convoy and protesting students, which left some students injured.

It was claimed by the students that they had been detained from 10am to 2am, and were brutally tortured in custody and abused based on their caste identity, by female officers of the women's police station. Medical reports were submitted which indicated several injuries on all of the detained students. 

Counsel appearing for the students claimed that they had been brutally assaulted by the police officers while they were in custody, and were denied access to water or sanitary conditions. It was claimed that they had been beaten with sticks, stood upon, asked to beat each other and then at 2 am, had been asked to leave the police station, without any reasons for the detention.

Counsel submitted that when these girls had opted to receive medical treatment in their town, they were denied the same, and had to come to Kolkata to receive a medical officer's report and file their complaint. Counsel called for CCTV footage to be placed on record and submitted that what took place was a violation of a plethora of Supreme Court judgements and National Human Rights Commission guidelines.

State counsel rebuked the claims of torture and submitted that the students were detained for causing a disturbance at the protests and that their claims of custodial torture were untrue. It was prayed that the court allow the state to contest the allegations on merits.

Case No: WPA/5591/2025