‘Always ordering CBI investigation lowers police morale’, what did SC say in the hearing of RG Kar case?

RG Kar Medical College Case: The Supreme Court on Monday (November 25) said ordering the CBI to take over investigations on a regular basis not only puts an unimaginable burden on the investigating agency but also has a very serious and far-reaching demoralizing effect on the state police officers. Have to face. A bench of Justices Surya Kant and Ujjwal Bhuyan ordered a SIT investigation into the alleged torture in police custody of a woman arrested during a protest against the rape and murder of a trainee female doctor at Kolkata’s RG Kar Hospital. Made this comment while ordering.

The bench modified the Calcutta High Court’s November 6 order, under which it had upheld the single bench’s order ordering a CBI investigation into the case. It said, “It is not necessary for us to comment on those reasons, except to say that handing over the investigation of cases to the CBI not only places an unimaginable burden on the country’s premier investigating agency, but also demoralizes the state police officers. “Any fall has to face very serious and far-reaching consequences.”

Formation of three-member special investigation team (SIT)

The Bench did not find it appropriate to proceed on the ground that the senior IPS officers allotted to the West Bengal cadre were incapable or incapable of conducting a fair and independent investigation and ascertaining the truth. The top court constituted a three-member Special Investigation Team (SIT), comprising 2009 batch IPS officers Akash Magharia (DIG Presidency Range), Swati Bhangalia (SP Howrah Rural) and Sujata Kumari Veenapani (DSP Traffic, Howrah).

‘All records will be handed over to SIT’

The bench ordered, “The SIT will immediately take over the investigation… All records of the investigation will be handed over to the SIT today itself and the SIT will start the investigation without any delay. If necessary, the SIT will be free to involve some other police officers also.” The Supreme Court urged the Chief Justice of Calcutta High Court to constitute a special bench before which the SIT would present its weekly report and seek permission for further investigation.

Strict provisions implemented under POCSO

Senior advocate Narendra Hooda, appearing for the petitioners, requested to provide security to his clients. He said that the state government has implemented stringent provisions under the Protection of Children from Sexual Offenses (POCSO) Act against a girl. The bench directed the victims to approach the SIT to ensure that there is no harm to their lives and rights. He asked the investigation team to take necessary steps without any delay.

‘There is great confidence in young IPS officers’

The bench said, “We have great confidence in these young IPS officers… In the context of the constitutional ethos, these officers have a huge responsibility to live up to the aspirations and expectations of the people. So we hope they will understand these things.” Hooda also expressed similar sentiments and said that he was hopeful that the authorities would come to justice in the case. On November 11, the Supreme Court had stayed the October 8 order of the Calcutta High Court, under which it had ordered a Central Bureau of Investigation (CBI) investigation into the case of alleged torture of a woman in police custody. Had gone.

Bench asked for list from West Bengal government

The bench asked the West Bengal government to submit a list of seven Indian Police Service (IPS) officers, including five women, who can be included in the new Special Investigation Team (SIT) to probe the custodial torture case. The Supreme Court gave this order on an appeal filed by the West Bengal government in which it was said that the High Court gave an erroneous order directing a CBI investigation and the state police is capable of investigating. On November 6, a division bench of the Calcutta High Court had upheld the order of a single judge directing a CBI investigation into the allegations made by the woman. The division bench had said that the order of the single judge to conduct an independent investigation cannot be faulted and there is no need for any interference in it.

Women petitioners alleged harassment in police custody

Two women petitioners had approached the single judge bench alleging harassment in police custody. The bench took note of the report of the jail doctor, which stated that one of them had symptoms of hematoma (swelling caused by blood clotting within the tissue) on his legs. The high court had said the complainants – Rebecca Khatun Mulla and Rama Das – were arrested on September 7 and kept in custody at Falta police station in Diamond Harbor police district till their judicial remand order was received from the Diamond Harbor court the next day. . The High Court had said that the report of the medical officer of Diamond Harbor Sub-Correctional Home stated that Das had hematoma on both his legs, while the doctors of Diamond Harbor Medical College and Hospital had not recorded any external injury.

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