Kolkata, Nov 6 A division bench of the Calcutta High Court, on Wednesday, upheld a previous order by a single-judge bench of the same court directing a Central Bureau of Investigation (CBI) probe on the alleged torture of two women BJP activists in police custody.
These two women activists were arrested by state police after a complaint was lodged against them accusing them of making derogatory comments concerning the daughter of Trinamool Congress General Secretary and the party Lok Sabha member Abhishek Banerjee.
Later the two women approached the single-judge bench of Justice Rajarshi Bharadwaj accusing police of excesses including physical assault while they were in police custody. On October 8 Justice Bharadwaj besides directing the CBI probe in the matter also observed that such actions on the part of the state police were simply unacceptable.
Thereafter the West Bengal government approached the division bench of Chief Justice T.S. Sivagnanam and Justice Hirnmay Bhattacharya and challenged the single-judge bench order.
However, on Wednesday, the division bench observed that from the medical report, it was clear that there had been a physical assault on the two women's petitions and hence that report cannot be ignored.
The division bench observed that the CBI will continue with its probe and it is the duty of the state government to see whether everything is going on as per legal provisions.
On Wednesday, while holding the brief on behalf of the state government the advocate general Kishore Datta questioned how the single-judge bench of the Calcutta High Court directed the CBI probe after hearing the matter for just a day.
He also denied allegations against the state police of custodial torture in the matter.
However, the division bench dismissed his argument and questioned that if the state government is so confident of the role of the state police in the matter then why is it opposing the CBI probe? The division bench also observed that the court has serious questions on even the arrest of the two women.
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