"Smacked & Had Her Hair Pulled, Kept Outside CCTV View For Almost 4 Hrs": Calcutta HC Forms SIT To Probe Allegations Of Custodial Torture On Students

The Calcutta High Court has formed a special investigation team (SIT) to probe allegations of custodial torture against two female students who were picked up from a protest outside their college in Midnapore, taken to the local women's police station and allegedly beaten before being released late at night with no explanation for their detention.Justice Tirthankar Ghosh held: "A photograph in relation to the said police officer smacking and pushing the petitioner has been enclosed. The photograph however reflects that the lady constable Kuheli Saha was holding the tuft of hair or grabbing fistful hair of Sucharita Das and pushing her. Thus, the innocence claimed by the police authority before this Court is not acceptable at this stage of initiation of the case, in the background that the petitioner was out of the CCTV coverage for about 3 hours 52 minutes. So the issue of torture as alleged receives some corroboration in respect of the accusations made by the petitioner in respect of the act and actions of the police authorities which relate to violation of human dignity, custodial torture and custodial violence."Keeping these factors in mind, the court invoked the Human Rights act, and held that custodial torture violates the physical and mental wellness of the detainee and that it tantamounts to a crime against humanity. Thus, the court formed an SIT under Mr. Muralidhar Sharma, IGP Training, with officers of his choice who would carry out the investigation by assessing the nature of the offence be it cognizable or non-cognizable.In light of the observations made above, a thorough investigation is required as the incidents complained of makes out an exceptional circumstance for interference by this Court, it was held.The court thus called on the SIT to submit its first report on the case in four weeks time.BackgroundThe students had approached the High Court against the allegedly illegal detention after they were picked up from outside their college while participating in a protest relating to the state's education policies. Similar protests in Kolkata saw clashes between Education Minister Bratya Basu's convoy and protesting students, which left some students injured.It was claimed by the students that they had been detained from 10am to 2am, and were brutally tortured in custody and abused based on their caste identity, by female officers of the women's police station. Medical reports were submitted which indicated several injuries on all of the detained students.Counsel appearing for the students claimed that they had been brutally assaulted by the police officers while they were in custody, and were denied access to water or sanitary conditions. It was claimed that they had been beaten with sticks, stood upon, asked to beat each other and then at 2 am, had been asked to leave the police station, without any reasons for the detention.Counsel submitted that when these girls had opted to receive medical treatment in their town, they were denied the same, and had to come to Kolkata to receive a medical officer's report and file their complaint. Counsel called for CCTV footage to be placed on record and submitted that what took place was a violation of a plethora of Supreme Court judgements and National Human Rights Commission guidelines.State counsel rebuked the claims of torture and submitted that the students were detained for causing a disturbance at the protests and that their claims of custodial torture were untrue. It was prayed that the court allow the state to contest the allegations on merits.Case: Sucharita Das versus The State of West Bengal & Ors. Case No: WPA 5447 of 2025Click here to read order

"Smacked & Had Her Hair Pulled, Kept Outside CCTV View For Almost 4 Hrs": Calcutta HC Forms SIT To Probe Allegations Of Custodial Torture On Students

Srinjoy Das

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