The Supreme Court on Monday ordered a probe by a Special Investigation Team (SIT) into the alleged custodial torture of two women arrested amid protests that took place in West Bengal in the wake of the rape and murder of a resident doctor at the RG Kar hospital [State of West Bengal and ors v Rebeka Khatun Molla @ Rebeka Molla and ors].
A Bench of Justices Surya Kant and Ujjal Bhuyan passed the order on an appeal by the West Bengal government which had challenged a High Court order that had transferred the probe from the State police to the Central Bureau of Investigation (CBI).
The top court today tasked an SIT with the probe instead and added that the Calcutta High Court should monitor this investigation.
"We hereby constitute fresh SIT. The High Court is requested to constitute a Bench for periodic monitoring. The case records to be handed over to the SIT who is to probe independent of any observations so far herein," the Supreme Court ordered.
The matter concerns two women - Rama Das and Rebeka Khatun Molla - who were arrested amid protests that erupted following the RG Kar rape and murder in August this year.
They 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 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.
The two petitioners claimed that they were inexplicably arrested by the State police on allegations that they had "instigated" another protestor to make remarks against the minor daughter of Trinamool Congress Party (TMC) leader Abhishek Banerjee.
On October 8, Justice Rajarshi Bharadwaj of the Calcutta High Court took a serious view of allegations that the State police had tortured Das while she was in their custody from September 8 to 11.
The High Court proceeded to order a CBI probe into allegations that the petitioners were tortured by a police officer.
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.
This was then challenged by the West Bengal government before the Supreme Court.
On November 11, the top court stayed the Calcutta High Court's decision to order a CBI investigation into the matter. Further, it asked the State to submit a list of Indian Police Service (IPS) officers, including women officers, who could be included in an SIT that may be tasked with the probe.
During today's hearing, the Court finalised the constitution of the SIT, but not before criticising frequent aspersions cast on State police.
"You (counsel for petitioner) think that these inspectors cannot probe their own officers? How will we function?" the Bench asked.
The Court also questioned how the CBI, which is already dealing with a heavy workload, could be expected to take this case on as well.
"Their (State's) probe was an absolute farce," the accused-respondents' (the arrested protestors) counsel replied.
Representing the arrested women, Senior Advocate Ranjit Kumar added that there is political pressure involved, given the allegation that remarks were made during the protests against TMC leader Abhishek Banerjee's daughter.
"There is pressure. The Diamond Harbour MP (Abhishek Banerjee) is influential in the area. Even bail was rejected ... We could not even get bail; (we were) arrested for clapping (during a speech). I am only highlighting," Kumar said.
The Court, however, lamented that such allegations of bias amount to casting aspersions against the Indian Police Service (IPS) officers across West Bengal.
"It will cast aspersion upon the entire IPS force in the State! ... We will say these officers have to come out with the truth otherwise other options are always there," the Court remarked.
Meanwhile, Senior Advocate Kapil Sibal, representing the West Bengal government, suggested that the top court itself could monitor the probe to settle any apprehension of bias.
"We will be happy with this Court monitoring (the probe)," Sibal said.
The Bench eventually ordered a High Court-monitored SIT probe into the case.
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