The Calcutta High Court has mandated a CBI investigation into claims of custodial torture involving a woman arrested during protests against the rape and murder of a doctor at RG Kar Medical College and Hospital.

The court highlighted allegations of physical abuse made by two female petitioners during their detention, noting that a report from a jail official corroborated the abuse against one of them.

On Tuesday, Justice Rajarshi Bharadwaj instructed the CBI to carry out a comprehensive investigation into the alleged physical torture experienced by one of the women during police custody from September 8 to September 11.

"The decision to transfer the matter to the CBI is based on the need for an impartial and independent inquiry into the serious allegations of custodial torture," the court observed.

Justice Bharadwaj noted that due to the alleged involvement of police authorities, an investigation by a local law enforcement agency could create a conflict of interest.

"The CBI is instructed to identify the police officers involved and to undertake appropriate legal proceedings against those responsible for such act in accordance with the law," the court said.

The two petitioners stated that they participated in several peaceful rallies advocating for justice in the brutal rape and murder of a doctor at RG Kar Hospital on August 9. They asserted that their involvement in these lawful demonstrations is protected under Article 19 of the Constitution, which guarantees the right to freedom of speech and peaceful assembly.

According to the petitioners, on September 8, the first petitioner was arrested by officers from the Falta police station in the South 24 Parganas district following a complaint lodged by a woman. The charges against her included multiple sections of the Bharatiya Nyaya Sanhita (BNS), 2023, as well as provisions of the Protection of Children from Sexual Offences Act (POCSO), 2012, and the Information Technology Act, 2000.

The court also noted that the second petitioner was arrested on August 27 while participating in the Nabanna Abhiyan rally organized by 'Chhatra Samaj.' Although she was initially released on bail after being charged under several sections of the Bharatiya Nyaya Sanhita, the Prevention of Damage to Public Property Act, 1984, and the West Bengal Maintenance of Public Order Act, 1972, she was rearrested on September 7. Like the first petitioner, she was implicated in the same case from the Falta police station.

Both petitioners were presented before the district and sessions judge, special court (under the POCSO Act) at Diamond Harbour, on September 9. Their bail requests were denied, and they were remanded to police custody, followed by judicial custody. They were granted bail on October 5.

Advocate General Kishore Dutta, representing the West Bengal government, argued that the petitioners had been lawfully arrested and detained based on credible allegations against them. He further contended that the petitioners, despite their claims of participating in peaceful protests, engaged in activities that violated legal provisions.

The high court noted that, upon reviewing the medical report submitted by the superintendent of the Diamond Harbour sub-correctional home, it was evident that the second petitioner had suffered physical torture while in police custody. The court observed that there was no "reason to believe" the petitioners were involved in any illegal activity, as the FIR and supporting evidence did not disclose credible evidence or establish the commission of an offense.

In passing the order, Justice Bharadwaj directed the state to file an affidavit in response to the petitioners' claims within four weeks, with the petitioners allowed to reply within another week. He also instructed the investigating officer from the CBI to file a report by November 15. The matter is scheduled for another hearing on November 18.