RG Kar Protest : Supreme Court Stays HC Direction For CBI Probe Into Alleged Custodial Torture Of Women By Kolkata Police

The Supreme Court today stayed a Calcutta High Court order directing CBI probe into allegations of custodial torture of 2 women arrested amid protests that took place in West Bengal after the RG Kar Medical College rape-murder incident.

A bench of Justices Surya Kant and Ujjal Bhuyan passed the order, while issuing notice on a petition filed by the State of West Bengal challenging the High Court order. It asked the state government, represented by Senior Advocate Kapil Sibal, to also submit a list of IPS officers (including women officers), who can be included in a Special Investigation Team (SIT) to investigate the custodial torture case instead of CBI.

Statedly, the 2 women were participants in the Nabanna Abhijan march, held following the RG Kar Medical College incident. During this protest, they allegedly made objectionable remarks against the minor daughter of Trinamool Congress MP Abhishek Banerjee.

A complaint was filed at the Diamond Harbour police station and the police booked the 2 women under the Bharatiya Nyaya Sanhita, the POCSO Act and the Information Technology Act. After they were arrested, they levelled allegations of assault in custody by police officers.

Initially, a Single Bench of the High Court ordered a CBI probe into the allegations. In appeal, a Division Bench upheld the single bench's order, noting that medical reports by the correctional home indicated custodial torture.

"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."

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

Against the Division Bench's order, the State of West Bengal approached the Supreme Court.

Case Title: THE STATE OF WEST BENGAL AND ORS. Versus REBEKA KHATUN MOLLA @ REBEKA MOLLA AND ORS., SLP(Crl) No. 15481/2024