The Calcutta High Court has ordered the Central Bureau of Investigation (CBI) to carry out a detailed probe into the allegations of custodial torture involving two women arrested during protest against a heinous crime, where a trainee doctor was murdered and raped in RG Kar hospital.
Following the aforesaid serious acquisitions of custodial torture, Justice Rajarshi Bharadwaj issued the order. The matter stems from the arrest of the women, who were actively protesting against the crime. The petitioners, who claimed to have engaged in peaceful rallies demanding justice, faced severe charges leading to their arrest and alleged mistreatment during police custody between September 8 and September 11.
Mentioning the gravity of the accusations, Justice Bharadwaj stressed the necessity of an impartial and independent investigation by the CBI, particularly considering the potential conflicts of interest involving local law enforcement. The Calcutta High Court’s decision underscores a commitment to safeguarding constitutional rights, particularly the right to freedom of speech and peaceful assembly as guaranteed under Article 19.
One of the women reportedly suffered physical abuse during their detention, a claim substantiated by a report from a jail official. This harrowing revelation prompted the high court to mandate a comprehensive CBI inquiry to identify those responsible and initiate appropriate legal action against the implicated police officers.
The legal saga started when the first petitioner was arrested by the Falta police station in South 24 Parganas district, after a complaint that led to multiple charges including violations of the Bharatiya Nyaya Sanhita (BNS), 2023, the Protection of Children from Sexual Offences Act (POCSO), 2012, and the Information Technology Act, 2000. The second petitioner faced arrest under similar contentious circumstances, leading to her repeated arrest and charges that included damaging public property and violating public order statutes.
Irrespective of the state’s defense, presented by Advocate General Kishore Dutta, asserting the legality of the arrests based on credible allegations, the Calcutta High Court found insufficient evidence in the FIR and related documents to substantiate the claims of criminal activity by the petitioners. Subsequently, the court granted bail to the petitioners on October 5, pending the ongoing investigation.
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