The Supreme Court has temporarily stayed a Calcutta High Court directive for a Central Bureau of Investigation (CBI) probe into the alleged custodial torture of two women arrested during protests in West Bengal. These protests had ignited following the rape and murder of a resident doctor at RG Kar Medical College and Hospital in Kolkata. The stay was issued after an appeal by the West Bengal government, which contested the High Court’s decision.
Justices Surya Kant and Ujjal Bhuyan of the Supreme Court have now requested the West Bengal government to submit a list of potential Indian Police Service (IPS) officers, including female officers, to form a new Special Investigation Team (SIT). This team may replace the CBI in examining the torture allegations.
On October 8, Justice Rajarshi Bharadwaj of the Calcutta High Court had taken note of the serious allegations made by Ms. Rama Das, one of the detained women, who claimed she endured physical torture in police custody from September 8 to 11. Das, along with Rebeka Khatun Molla, faced charges under various statutes, including the Bharatiya Nyaya Sanhita (BNS) 2023, the Protection of Children from Sexual Offences Act (POCSO) 2012, and the Information Technology Act 2000. Both women petitioned the High Court for a CBI investigation and compensation, alleging severe mistreatment by the state police.
The protests where Das and Molla were arrested surged in response to the distressing incident at RG Kar hospital in August. They were accused of inciting another protester to make derogatory remarks about the minor daughter of Trinamool Congress Party (TMC) leader Abhishek Banerjee. The High Court’s investigation highlighted that Das and Molla supposedly clapped during these remarks, which led to their arrest.
Despite the Calcutta High Court’s initial order for a CBI probe and a scheduled report on November 15, a Division Bench led by Chief Justice TS Sivagnanam of the Calcutta High Court upheld the appeal against the single-judge’s directive on November 6. Subsequently, the West Bengal government appealed to the Supreme Court, which has now paused the CBI’s involvement pending further deliberation.
