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Calcutta High Court
– Photo: ANI
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The Calcutta High Court on Tuesday ordered a CBI probe into the alleged torture of a woman during protests against the rape and murder of a doctor at the RG Kar Medical College and Hospital. The court said that two of the petitioners accused the police of physical abuse during their arrest, while a jail officer’s report confirmed such acts in one of them. The court directed the CBI investigating officer to submit the report before it by November 15. The High Court will discuss this matter again on November 18.
Justice Rajarshi Bhardwaj directed the CBI to investigate the alleged physical torture that took place in police custody between September 8 and 11. The court said, “The decision to transfer the case to the CBI is based on the need for an impartial and independent investigation into the serious allegations of custodial torture.”
He said there could be a conflict of interest in the local police investigation due to the alleged involvement of police officers. Therefore, CBI should identify the officers involved and take appropriate action as per law.
The two petitioners said they were participating in peaceful rallies to demonstrate against the doctor’s murder, which is protected under Article 19 of the Constitution. He said that on September 8, the first petitioner was arrested by the officials of Palata Police Station in South 24 Parganas district following a complaint by a woman.
The court further said that the second petitioner was arrested on August 27 while participating in the Nabana campaign rally organized by ‘Chhatra Samaj’. Although he was later released on bail, he was arrested again on September 7.
The two petitioners were brought before the District and Sessions Judge, Special Court (under the POCSO Act) at Namal Yahlum on September 9. His applications for bail were rejected and he was sent to police custody and then sent to judicial custody. The petitioners were said to have been granted bail on October 5.
Advocate Kishore Dutta, appearing for the West Bengal government, said that the petitioners were lawfully arrested and detained on the basis of credible allegations against them. The petitioners, contrary to their claims of participating in peaceful protests, were involved in activities that violate the provisions of the law.
The High Court of Justice said that from a review of the medical report submitted by the inspector of the Yaholum Nemal prison, it is clear that the second petitioner was physically tortured in police custody.
In passing the order, Judge Bhardwaj ordered the state to submit an affidavit in four weeks contrary to the claims made by the petitioners and the petitioners to respond to him in the coming week.
(Except translation, this story has not been edited by achinews staff and is published from a syndicated feed.)
source link https://www.amarujala.com/india-news/calcutta-high-court-orders-cbi-probe-into-torture-of-woman-in-police-custody-during-protests-in-rg-kar-case-2024-10-09
