RG Kar custodial torture: SC modifies HC order; SIT, not CBI, to probe case

New Delhi, Nov 25 (PTI) Routinely ordering the CBI to take over probes not only leads to an "unimaginable burden" on the premier investigative agency, but also has a "very serious and far-reaching demoralising impact" on the officers of the state police, the Supreme Court on Monday highlighted.

A bench of Justices Surya Kant and Ujjal Bhuyan made the remark while ordering an SIT investigation into the alleged torture of a woman in police custody following her arrest during the protests against the rape and murder of a doctor at R G Kar Medical College and Hospital in Kolkata.

The bench, which modified the November 6 Calcutta High Court verdict upholding the single judge order directing a CBI probe, said, "It is not necessary for us to comment on those reasons except to say that entrustment of the investigation of matters to the CBI not only leads to an unimaginable burden on the premier investigative agency of the country, but also has a very serious and far-reaching demoralising impact on the officers of the state police." The bench did not find it prudent to proceed on the premise that senior IPS officers allocated to the West Bengal cadre were incompetent or inefficient to hold a fair and independent investigation and unearth the truth.

The court therefore constituted a three-member SIT comprising 2009 batch IPS Akash Magharia (DIG Presidency range), IPS Swati Bhangalia (SP Howrah (rural)) and IPS Sujata Kumari Veenapani (DSP (traffic) of Howrah).

"The SIT shall take over the investigation...forthwith, all the records of the investigation shall be entrusted to SIT today during the course of the day and the SIT will start investigation without any delay. The SIT shall be at liberty to associate some other police officers, if so required," the bench ordered.

The top court urged the Calcutta High Court chief justice to constitute a special bench before which the SIT would submit its weekly reports and seek further investigation.

Senior advocate Narender Hooda, representing the petitioners, sought protection for his clients and submitted the state had invoked provisions under the stringent POCSO Act against a young girl.

The bench further directed the victims to approach the SIT to ensure no harm was caused to their lives and liberties, and the probe team was asked to take necessary steps without any delay.

The bench said, "We have a lot of faith in these young IPS officers… in terms of constitutional ethos, these officers have a lot of responsibilities to come to the aspiration and expectations of the people. So we hope that they understand these things".

Hooda echoed a similar sentiment, saying he hoped the officers would "rise to the occasion".

"They have always risen to the occasion. We are not disappointed. We have seen as and when we have entrusted them responsibilities, they have really come out very well," Justice Kant noted.

On November 11, the top court stayed the October 8 order of the high court directing the CBI probe while asking the state government to submit a list of seven IPS officers, including five women, who would comprise a fresh SIT to probe the custodial torture case.

The order was passed on an appeal filed by the West Bengal government that stated the high court had erroneously ordered a CBI probe while the state police was capable of the investigation.

On November 6, a division bench of the high court upheld a single-judge order directing CBI probe into the allegations levelled by the woman.

The division bench said the order of the single judge to conduct an independent investigation could not be faulted and did not warrant any interference.

Initially, two women petitioners, moved the single-judge bench alleging physical torture while in police custody. The court noted the report of a jail doctor who found signs of hematoma (a solid swelling of clotted blood within tissue) on the legs of one of them.

The complainants, Rebeka Khatun Molla and Rama Das, were arrested on September 7 and remained in the custody of Falta Police Station in the Diamond Harbour police district till their judicial remand ordered by the Diamond Harbour court the next day, the high court noted.

The division bench further noted that while the report of the medical officer of Diamond Harbour sub-correctional home states hematoma on both of Das' legs, the examining doctor of Diamond Harbour Medical College and Hospital recorded no external injury.

Considering the subsequent medical reports of the petitioner, the high court said it was of the prima facie view that the trauma occurred on her on September 7 in police custody.

It observed the discrepancies were serious and warranted an independent agency to conduct the investigation.

The assault and murder of the junior doctor, whose mortal remains were found on August 9, sparked nationwide protests. A civic volunteer was arrested by the Kolkata Police in connection with the case the following day. PTI