New Delhi, Nov 25 (UNI) The Supreme Court on Monday constituted a Special Investigation Team (SIT) to investigate allegations of custodial torture involving two women arrested during protests in West Bengal.
These protests followed the rape and murder incident at RG Kar Medical College and Hospital in Kolkata.
A bench comprising Justice Surya Kant and Justice Ujjal Bhuyan was hearing the State of West Bengal’s appeal against a Calcutta High Court order directing a CBI probe into the matter.
Previously, the Supreme Court had stayed the High Court’s directive and requested the West Bengal government to propose a list of IPS officers, including women, to form an SIT.
Based on the state’s submission, the Court finalized the names of Mr Akash Makharia, IPS, DIG, Presidency Range, Ms Swati Bhangalia, Superintendent of Police, Howrah (Rural) and Ms Sujata Kumari Veenapani, IPS, Deputy Commissioner (Traffic), Howrah.
The SIT, comprising officers serving in West Bengal but not originally from the state, has been directed to commence the investigation immediately.
The Apex Court directed that weekly status reports must be submitted to a specially constituted bench of the Calcutta High Court, as per the instructions of the Chief Justice of High Court.
The Supreme Court also permitted the SIT to enlist additional officers if necessary. It further emphasized that the victims are free to approach the SIT to ensure their safety and that the team must act promptly to safeguard their life and liberty.
The bench also expressed its reservations about frequently transferring investigations to the CBI, highlighting the potential negative impact on state police morale.
“Routine entrustment of investigations to the CBI not only burdens the agency but also demoralizes senior state police officers. It is imprudent to assume that officers in the West Bengal cadre are incapable of conducting a fair, independent, and impartial investigation,” the Court observed.
The bench clarified that the SIT’s investigation should proceed without being influenced by observations in the High Court order, ensuring an unbiased probe.
The controversy stems from the alleged custodial torture of two women who participated in the Nabanna Abhijan march, a protest organized after the RG Kar Medical College incident.
The women allegedly made objectionable remarks against a minor relative of Trinamool Congress MP Abhishek Banerjee.
A complaint was filed at the Diamond Harbour police station, leading to the women being booked under the Bharatiya Nyaya Sanhita (BNS), the POCSO Act, and the Information Technology Act.
The women accused the police officers of assault during custody.
The Calcutta High Court initially ordered a CBI investigation, citing discrepancies in medical reports.
The correctional home recorded injuries like hematomas and back pain, contradicting earlier findings of no external injuries by a government hospital.
This inconsistency prompted the High Court to note a potential conflict of interest in allowing local police to probe the matter.
The State of West Bengal challenged the High Court’s order in the Supreme Court, leading to the formation of the SIT.
Senior Advocate Kapil Sibal appeared for the State of West Bengal, while Senior Advocates Narendra Hooda and Ranjit Kumar represented the respondents.
