High Court orders CBI probe into ‘custodial torture’ of 2 women
Kolkata: The Calcutta High Court on Tuesday ordered a probe by Central Bureau of Investigation (CBI) into allegations of custodial torture against the police in a case where the petitioners were arrested during RG Kar protest rallies for “clapping” when “unwarranted remarks” were made by the principal accused against the minor child of a “powerful political figure”.
The Bench of Justice Rajarshi Bharadwaj was moved by two women petitioners who were arrested based on a Falta Police Station case on two different dates and were charged under several sections of BNS, and provisions under POCSO and IT Act. The petitioners submitted their re-arrests were “motivated by extraneous political considerations, amounting to abuse of legal process and a violation of their Fundamental Rights”. Both petitioners complained of physical abuse by the police during their detention and they were allegedly prevented from disclosing their injuries to medical officers during mandatory examinations. They argued such actions are a gross violation of guidelines laid down by the Supreme Court in DK Basu v. State of West Bengal concerning custodial violence and rights of detainees. The court observed that both petitioners were granted bail by the Special Judge, POCSO Court on October 5, 2024. The court restrained the state from taking any coercive action against the petitioners in connection with the subject case where they have been arrested or any other case which have been or may be registered against them without leave of court.
Further, upon reviewing the medical report submitted by the Superintendent, Diamond Harbour sub-correctional home, the court observed that it was evident that petitioner Rama Das was subjected to physical torture while in police custody. “This development suggests a potential link between the alleged torture of Ms Rama Das and her subsequent medical condition,” court observed.
The court directed a CBI probe into the alleged physical torture, reasoning that the decision is based on the need for an impartial and independent inquiry. “Given the involvement of police authorities, an investigation by local law enforcement might present a conflict of interest,” the court observed. The CBI was asked to identify the police officers involved and take appropriate legal action. The investigating officer was directed to file a report by November 15, 2024.
