The Calcutta High Court has ordered a CBI investigation into the alleged “custodial torture” of two women after they were arrested by West Bengal Police for protesting over the rape and murder of a junior doctor at the RG Kar Medical College & Hospital in Kolkata.
Hearing the petitions filed by the two women, who are currently out on bail, Justice Rajarshi Bharadwaj said the decision to transfer the probe to the Central Bureau of Investigation (CBI) is “based on the need for an impartial and independent inquiry into the serious allegations of custodial torture”.
“Given the involvement of police authorities, an investigation by local law enforcement might present a conflict of interest,” the High Court said in its order.
The two women petitioners claimed that after they took part in “peaceful protests” over the August 9 rape and murder incident at RG Kar hospital, they were arrested by Falta police in South 24 Parganas in September. They claimed that their “re-arrests were motivated by extraneous political considerations, amounting to an abuse of legal process and a violation of their fundamental rights”.
According to the first woman petitioner, she was arrested by Falta police in South 24 Parganas district on September 8 on a complaint filed by a woman who alleged that she had clapped when unwarranted remarks were made regarding a minor child of a powerful political figure.
In her petition, she claimed that police provided no clear explanation at the time of arrest, and made vague statements about exceeding her “social limits.”
It was only later she discovered that the charges filed against her included several sections of the Bharatiya Nyaya Sanhita (BNS), as well as provisions of the Protection of Children from Sexual Offences (POCSO) Act, and the Information Technology Act.
The second woman petitioner claimed that she was first arrested on August 27 while taking part in the “Nabanna Abhyaan” rally, organised by the “Chhatra Samaj”.
She was released on bail after being charged under several sections of the BNS, Prevention of Damage to Public Property Act, and the West Bengal Maintenance of Public Order Act. But a month later, she was rearrested “by the same Falta police despite having no involvement in the alleged offence”, the court said in its order.
Rejecting the petitioners’ claims of political motivations behind their arrest and detention, Advocate General Kishore Dutta, appearing for the West Bengal government, said: “The law enforcement authorities acted in compliance with legal procedures, and the arrests were based on substantial evidence. The claim that the petitioners were targeted due to their political affiliations or their participation in protests is false. The petitioners’ activities extended beyond peaceful protest and involved violations of criminal law.”
However, the court in its order said, “The petitioners have expressed concern that they may face further harassment even after their release. They point to the existence of another FIR registered at Maidan Police Station, which stems from the same events. The petitioners submitted that their repeated arrests on similar grounds amount to an infringement of their personal liberty and a violation of Article 14 of the Constitution.”
The High Court directed the CBI to conduct a “thorough investigation into the incidents of alleged physical torture that took place from September 8 to September 11”.
“The CBI is instructed to identify the police officers involved and to undertake appropriate legal proceedings against those responsible for such acts in accordance with the law,” the court ordered.
The court directed the investigating officer of the CBI to file a report before it by November 15.
The matter will come for hearing again on November 18.
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