In a significant development, the Supreme Court of India has ruled against the Central Bureau of Investigation (CBI) probe into the custodial torture of protestors at the RG Kar Hospital. The Court has instead directed that a Special Investigation Team (SIT) be constituted to carry out a thorough and independent investigation into the allegations.
Background:
The case revolves around a protest that took place at the RG Kar Hospital in Kolkata, where several individuals were allegedly subjected to custodial torture by the police. The protestors had been detained during a demonstration against certain policies, and the allegations of abuse in custody gained widespread attention. Initially, the CBI had been tasked with investigating the incident due to its gravity and the involvement of police personnel.
However, concerns about the impartiality of a CBI-led investigation, especially due to the sensitive nature of the case, prompted the petitioners to seek an alternative probe by an independent body. The Supreme Court, after reviewing the matter, decided to scrap the CBI probe and ordered the formation of an SIT comprising officers with no prior involvement in the case.
Court’s Rationale:
The Supreme Court emphasized the need for a fair, transparent, and unbiased investigation, especially when the allegations involved the police force itself. The Court found that an SIT would be more appropriate to ensure that the inquiry was conducted without any potential influence from the state machinery. The SIT is expected to consist of senior police officers and external experts, ensuring neutrality and effective investigation.
Existing Measures:
Prior to the Court’s order, investigations had been underway, but the petitioners contended that the progress was slow and the existing measures lacked sufficient independence. The Supreme Court’s decision to transfer the probe to an SIT is seen as a step towards addressing these concerns and ensuring a more robust and unbiased investigation.
Conclusion:
The Supreme Court’s decision to replace the CBI with an SIT marks a significant move towards ensuring accountability in cases of custodial abuse. This ruling reinforces the need for impartiality in investigations involving the police and highlights the Court’s commitment to upholding justice. The SIT’s inquiry into the RG Kar protest case will now be closely monitored as it unfolds.