Calcutta High Court directed to constitute a special bench before which the SIT would submit its report
The Supreme Court on Monday ordered an inquiry by a Special Investigation Team (SIT) into the alleged torture of a woman following her arrest during a protest against the rape and killing of a doctor at RG Kar Medical College and Hospital in Kolkata, reported PTI.
Today's order modified an earlier order by Calcutta High Court judgement dated October 8, ordering a CBI probe.
A bench of justices Surya Kant and Ujjal Bhuyan modified the order saying ''Not everything can be transferred to CBI''.
The court said the SIT, headed by senior IPS officials whose names were submitted by the state, will have to submit the report of the investigation to the high court regularly.
The chief justice of the Calcutta High Court was instructed to form a special court, before which the SIT would present its report.
On November 11, the top court had stayed the October 8 order of the high court directing a 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.
According to PTI, the order was passed on an appeal filed by the West Bengal government that stated the high court had erroneously ordered a CBI probe whereas the state police was capable of the investigation.
On November 6, a high court division bench affirmed a one-judge ruling – ordering the CBI to look into the woman’s claims.
According to PTI, The division bench stated that there was nothing wrong with the single judge’s order to carry out an independent investigation and that no intervention was necessary.
Initially, two women petitioners moved the single-judge of the high court 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 the women in question. The complainants, Rebeka Khatun Molla and Rama das, were arrested on September 7 and remained in the custidy 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,'' PTI reported.
Taking into account her medical findings, the high court had stated that it was prima facie of the opinion that the trauma happened to the petitioner on September 7 when she was in the police custody.
''The division bench added that although Das has a haematoma on both her legs, according the medical officer’s report from the Diamond Harbour Sub-correctional Home, however, examination by a physician from the Diamond Harbour Medical College and Hospital did not find any exterior injuries,'' PTI reported.