Read Time: 04 minutes

Synopsis

Entrustment of investigation of matters routinely to the CBI leads to an unmanageable burden on the premier investigative agency of the country, Supreme Court of India said on Monday.

A Justice Surya Kant led bench further said this entrustment of investigation to CBI also has a very serious and far-reaching, demoralizing impact on the officers of the State police.

Court made these observations while hearing State of West Bengal's challenge to an order passed by a Division Bench of the High Court at Calcutta whereby the investigation into the allegations of custodial torture of two women arrested amid protests for the RG Kar incident had been entrusted to the Central Bureau of Investigation.

High Court while doing so enlisted some irregularities and alleged inconsistency in the medical reports, on the basis of which, doubt was cast on the fairness and independence of the ongoing investigation.

The top court's bench also comprising Justice Ujjal Bhuyan noted it was not prudent to proceed on the premise that Senior Officers, belonging to IPS and allocated to the West Bengal cadre, were incompetent or inefficient to hold a fair, independent and dispassionate investigation to find out the truth.

Accordingly, the supreme court has now constituted a Special Investigation Team (SIT) comprising three senior IPS Officers to take over the investigation.

"The SIT shall furnish weekly status reports before the High Court at Calcutta. We request the Hon’ble Chief Justice of the High Court to constitute a Bench before whom the SIT shall submit its reports and seek further directions, as may be required, to take the ongoing investigation to its logical conclusion...", the top court's order adds.

Furthermore, the alleged victims have been asked to approach the SIT to ensure that no harm is caused to their life and liberty and the SIT will take the necessary steps in this regard without any delay.

Case Title: THE STATE OF WEST BENGAL & ORS. vs. REBEKA KHATUN MOLLA @ REBEKA MOLLA & ORS.