SC stays Cal HC’s CBI probe order in ‘custodial torture’ case
Kolkata: The Supreme Court on Monday has reportedly stayed the Calcutta High Court’s Central Bureau of Investigation (CBI) probe order into the alleged custodial torture of two women arrested amid protests relating to the RG Kar rape and murder incident.
According to reports, a Bench of Justices Surya Kant and Ujjal Bhuyan stayed the order directing a CBI probe following an appeal by the Bengal government against the Calcutta High Court’s decision.
Senior Advocate Kapil Sibal, representing the Bengal government, is learnt to have contended that directions for transfer of investigation to CBI are being passed in a routine manner without following the guidelines laid down by the Apex Court in this regard. He submitted that allegations of custodial torture seemed to be fictitious and concocted as the accused persons never raised any complaint before the trial court at the time of production or filing their bail applications.
The apex court also asked the state to submit a list of IPS officers, including women officers, who could be included in a fresh Special Investigation Team (SIT) that may be tasked with investigating the custodial torture case instead of the CBI.
On October 8, Justice Rajarshi Bharadwaj of the High Court had taken a serious view of allegations that the state police had tortured one Rama Das while she was in their custody from September 8-11, after her arrest on September 7. She was arrested amid protests that erupted following the RG rape and murder that took place in August this year.
In its order, the High Court had observed that “upon reviewing the medical report submitted by the Superintendent, Diamond Harbour Sub-correctional Home, South 24-Parganas, it is evident that Ms. Rama Das was subjected to physical torture while in police custody.”
Das faced charges under the Bharatiya Nyaya Sanhita (BNS), 2023, the Protection of Children from Sexual Offences Act (POCSO), 2012 and the Information Technology Act, 2000. Das, and another person arrested in the same case, namely Rebeka Khatun Molla, later moved a plea before the High Court for a CBI probe and compensation on allegations that they were tortured by the State police. On November 6, a Division Bench of the Calcutta High Court led by Chief Justice TS Sivagnanam rejected the state’s appeal against this single-judge order.
