On November 25, 2024, the Supreme Court division bench of Justice Surya Kant and Justice Ujjal Bhuyan ordered a Special Investigation Team (SIT) to look into allegations of custodial torture against two women who were arrested during protests in West Bengal following the rape and murder of a resident doctor at RG Kar Hospital.

The Supreme Court issued the order in response to an appeal filed by the West Bengal Government challenging the High Court’s decision that transferred the investigation from the State police to the Central Bureau of Investigation (CBI). Instead, the Supreme court assigned the probe to an SIT and directed the Calcutta High Court to oversee the investigation.

The case concerns Rama Das and Rebeka Khatun Molla, who were arrested amid protests following the RG Kar Hospital’s rape and murder incident on 9th August 2024. They faced charges under the Bharatiya Nyaya Sanhita, POCSO Act, and IT Act. Alleging custodial torture, they petitioned the Calcutta High Court for a CBI investigation and had sought compensation, claiming that they were wrongfully arrested for allegedly instigating a protestor to make remarks against the minor daughter of Trinamool Congress Party (TMC) leader Abhishek Banerjee. On 8th October, Justice Rajarshi Bharadwaj of the Calcutta High Court taking serious note of allegations that State police had tortured Rama Das while she was in their custody from 8th to 11th September ordered a CBI probe into the incident. On 6th November, a Division Bench of the High Court led by Chief Justice TS Sivagnanam upheld this order, rejecting the State’s appeal. The West Bengal government then challenged the decision in the Supreme Court, which on 11th November stayed the CBI probe and asked the State to propose IPS officers, including women officers, for an SIT to conduct the investigation.

During the hearing on 25th November 2024, the Supreme Court approved and finalized the formation of the SIT to investigate the case, while also criticizing the persistent aspersions cast on State police. The court also highlighted that such allegations of bias unfairly harm the reputation of Indian Police Service officers across West Bengal by casting aspersions on them likewise. The Court also questioned whether assigning the case to the already overburdened CBI was a practical solution.

Senior Advocate Kapil Sibal, representing the West Bengal government, proposed that the Supreme Court itself could oversee the investigation to address any concerns of bias.

Eventually, the Bench ordered the Calcutta High Court to monitor the SIT probe into the case.

Case Details: State of West Bengal and ors v Rebeka Khatun Molla @ Rebeka Molla and ors SLP(Crl) No. 15481/2024

Source - News