In a significant judicial intervention, the Calcutta High Court has directed the Central Bureau of Investigation (CBI) to conduct a detailed probe into the allegations of custodial torture involving two women arrested during protests against a heinous crime in West Bengal. Justice Rajarshi Bharadwaj issued the order following serious accusations of physical abuse while the women were detained by the police.
The case stems from the arrest of the women, who were actively protesting the rape and murder of a doctor at RG Kar Medical College and Hospital. The two petitioners, who claimed to have engaged in peaceful rallies demanding justice, faced severe charges leading to their arrest and alleged mistreatment during police custody between September 8 and September 11.
Highlighting the gravity of the accusations, Justice Bharadwaj emphasized the necessity of an impartial and independent investigation by the CBI, especially considering the potential conflicts of interest involving local law enforcement. The court’s decision underscores a commitment to safeguarding constitutional rights, particularly the right to freedom of speech and peaceful assembly as guaranteed under Article 19.
During their detention, one of the women reportedly suffered physical abuse, a claim substantiated by a report from a jail official. This alarming revelation prompted the high court to mandate a comprehensive CBI inquiry to identify those responsible and initiate appropriate legal action against the implicated police officers.
The legal saga began when the first petitioner was arrested by the Falta police station in South 24 Parganas district, following a complaint that led to multiple charges including violations of the Bharatiya Nyaya Sanhita (BNS), 2023, the Protection of Children from Sexual Offences Act (POCSO), 2012, and the Information Technology Act, 2000. The second petitioner faced arrest under similar contentious circumstances, leading to her repeated arrest and charges that included damaging public property and violating public order statutes.
Despite the state’s defense, presented by Advocate General Kishore Dutta, asserting the legality of the arrests based on credible allegations, the high court found insufficient evidence in the FIR and associated documents to substantiate the claims of criminal activity by the petitioners. This led to the court’s decision to grant bail to the petitioners on October 5, pending the ongoing investigation.
