SC Orders SIT Probe Into RG Kar Custodial Torture, Weekly Reports To HC

Supreme Court Collegium

The Supreme Court on Monday ordered a Special Investigation Team to probe allegations of torture against a woman in police custody after her arrest during protests over the rape and murder of a doctor at RG Kar Medical College and Hospital in Kolkata.

The court’s decision came after modifying an order by the Calcutta High Court, which had called for a CBI investigation into the matter.

A bench comprising Justices Surya Kant and Ujjal Bhuyan observed that not every case should be transferred to the CBI and ruled that senior officers from the state police should handle the investigation.

The SIT, consisting of officers nominated by the state, will submit its progress reports to the Calcutta High Court every week.

The court also directed the Chief Justice of the High Court to establish a special bench to review the SIT’s reports and recommend further actions if necessary.

On November 11, the Supreme Court had stayed the High Court’s October 8 order directing a CBI investigation, while urging the state government to propose a fresh SIT led by seven IPS officers, including five women, to investigate the custodial torture case.

The state’s appeal argued that the High Court’s order was erroneous and that the state police was capable of conducting a thorough inquiry.

This development followed a division bench ruling by the Calcutta High Court on November 6, which upheld a single-judge bench’s order for an independent investigation by the CBI. The High Court had been reviewing the case after two women, Rebeka Khatun Molla and Rama Das, alleged they had been physically tortured while in police custody.

The women were arrested on September 7 during protests and held at the Falta Police Station in the Diamond Harbour police district until their judicial remand the following day.

Medical reports presented to the High Court supported the women’s claims. A jail doctor reported hematoma (swelling of clotted blood) on the legs of one of the women, while another report from the Diamond Harbour sub-correctional home confirmed injuries on both of Rama Das’ legs.

However, a doctor from Diamond Harbour Medical College recorded no external injuries. Given the discrepancies in the medical reports, the High Court found it necessary to initiate an independent investigation.

The Supreme Court’s decision to set up an SIT highlights the gravity of the allegations and the need for a fair, transparent inquiry. The case underscores concerns over custodial abuse and the need for accountability in such instances.