RG Kar Hospital Rape and Murder Case: Supreme Court Stays HC Order Directing CBI Probe into Custodial Torture Allegations by 2 Women

Concerning the RG Kar Hospital Rape and Murder case, the Supreme Court (SC) of India on November 11, 2024 (yesterday), stayed the order of the Calcutta High Court (HC) directing the CBI (Central Bureau of Investigation) probe into allegations of custodial torture of two women, who were arrested during protests in West Bengal. The protest took place in West Bengal after the brutal rape and murder of a resident doctor at RG Kar Medical College and Hospital, Kolkata. The matter was heard by a two-judge bench of Justice Surya Kant and Justice Ujjal Bhuyan. In this case, 2 women participated in the Nabanna Abhijan march which was held following the RG Kar Hospital rape and murder incident. They were arrested by the police after noting that they made objectionable remarks against Trinamool Congress MP Abhishek Banerjee’s minor daughter. Further, they were booked under the POCSO (Protection of Children from Sexual Offences) Act, the Bharatiya Nyaya Sanhita (BNS), and the Information Technology Act. While they were in police custody, they alleged assault by police officers.

The matter was first heard by a Single bench of the Calcutta HC ordering the CBI probe into the allegations which was further upheld by a Division bench of the HC. It said, “The fact that has greatly disturbed our mind is the discrepancy in the recording of the medical state of the petitioners by different authorities. The POCSO judge ordered judicial custody of the accused. The medical officer of the correctional home recorded hematomas in legs and back, and pain. This recording cannot be disputed due to the documents presented. Shockingly, when the accused was produced before the government medical hospital, Diamond Harbour, earlier, it was said that there was no external injury. This shows a clear discrepancy. It is evidently clear that the trauma has occurred to the writ petitioner when they were in police custody.” Therefore, the West Bengal Government approached the top court against the HC’s order.

During yesterday's proceedings, the two-judge bench of the SC stayed the Calcutta HC’s order and issued notice on the State of West Bengal's petition challenging the HC's order. Moreover, the top Court asked Senior Advocate Kapil Sibal, who appeared for the State, to submit a list of IPS officers, including women officers, who could be involved in SIT (Special Investigation Team) to investigate the custodial torture case rather than the CBI.