The Supreme Court on Monday ordered the formation of an SIT to investigate the alleged torture of a woman in police custody following her arrest over protests against the rape and murder of a doctor at R G Kar Medical College and Hospital in Kolkata.
The bench of Justices Surya Kant and Ujjal Bhuyan court modified the Calcutta High Court order observing that everything could not be transferred to the CBI adding that an SIT of senior IPS officers of the state need to be entrusted with the investigation.
SIT to submit weekly report to HC: SC
The apex court added the SIT will comprise officers whose names were submitted by the state and shall submit its report on the progress of the investigation on a weekly basis to the high court. Notably, on November 11, the top court stayed the October 8 High Court order which directed a CBI probe. The apex court directed the state government to submit a list of seven IPS officers, including five women, who would comprise a fresh SIT to probe the custodial torture case.
SC modified the Calcutta HC order after the West Bengal government appealed that the high court had erroneously ordered a CBI probe whereas the state police was capable of the investigation. The division bench said the order of the single judge to conduct an independent investigation could not be faulted and did not call for any interference.
What is the case?
The complainants, Rama Das and Rebeka Khatun Molla were arrested on September 7 and remained in the custody of Falta Police Station in the Diamond Harbour police district till their judicial remand ordered by the Diamond Harbour court the next day, the high court noted.
The two female petitioners moved the single-judge bench of Calcutta HC alleging physical torture while in police custody. The court went through the jail doctor's report which showed the signs of hematoma (a solid swelling of clotted blood within tissue) on the legs of one of them. The single-judge bench ordered a CBI probe.
Later the matter went to the divisional bench of the Calcutta High Court. On November 6, a division bench of the high court upheld a single-judge order directing a CBI probe into the allegations levelled by the woman.
The division bench while issuing the order stated that the report of the medical officer of Diamond Harbour sub-correctional home stated hematoma on both of Das' legs, the examining doctor of Diamond Harbour Medical College and Hospital recorded no external injury.
Subsequently, considering the medical reports of the petitioner, the high court said it was of the prima facie view that the trauma occurred on her on September 7 in police custody. It observed the discrepancies were serious and would warrant an independent agency to conduct the investigation. Hence, it ordered a CBI probe. But the West Bengal govt reached out to the Supreme Court which has now directed the formation of an SIT.
(With inputs from agencies)
