Supreme Court stays CBI probe into alleged police torture of two arrested amid RG Kar protests

The Supreme Court on Monday stayed the Calcutta High Court's decision to order a probe by the Central Bureau of Investigation (CBI) 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. .A Bench of Justices Surya Kant and Ujjal Bhuyan stayed the order directing a CBI probe following an appeal by the West Bengal government against the Calcutta High Court's decision. The top court asked the State to submit a list of Indian Police Service (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."Issue notice, returnable on 18-11-2024 ... Meanwhile, operation of the impugned order ... shall remain stayed. However, the investigation by a Special Investigation Team (SIT) constituted by the State Government shall also be kept in abeyance till we reconstitute a SIT at the earliest. The State is directed to furnish a list of 7 IPS Officers who otherwise belong to the States other than West Bengal but are serving in the West Bengal cadre. Out of these officers, at least 5 officers should be women IPS Officers", it ordered..On October 8, Justice Rajarshi Bharadwaj of the Calcutta 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. 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.In its October 8 order, a single-judge of the High Court noted that Das and Molla (petitioners) were booked for allegedly clapping when these unwarranted remarks were made. The Court proceeded to order a CBI probe into allegations that the petitioners were tortured by a police officer, and sought a report from the CBI by November 15. The matter was listed for further hearing on November 18. .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 has now been challenged by the West Bengal government before the Supreme Court. Senior Advocate Kapil Sibal represented the West Bengal government today. .[Read order]