New Delhi. The Supreme Court on Thursday said that the delay by the Kolkata Police in registering a case of unnatural death in connection with the alleged rape and murder of a female doctor at RG Kar Medical College and Hospital is “extremely disturbing”. The court also raised questions about the sequence of events and the timing of procedural formalities.
The court also appealed to the doctors protesting against this incident to return to work. The court took suo motu cognizance of the death of a doctor in Kolkata and said that “justice and medicine” cannot be stopped. The court directed the Center and the states to take immediate steps to institutionalize the safety of doctors across the country. The bench directed not to take any punitive action against the doctors.
The Supreme Court reprimanded the Kolkata Police and highlighted the “flaws” in its investigation. Meanwhile, Solicitor General Tushar Mehta, appearing for the Central Bureau of Investigation (CBI), said that the local police was trying to suppress the case because by the time the federal agency took over the investigation, the scene of the crime had “changed”.
When Mehta referred to the objectionable statement of a West Bengal minister, a bench headed by Chief Justice D.Y. Chandrachud asked political parties not to politicise the issue. It also said that “the law will do its job” in the case. The Supreme Court expressed surprise that the post-mortem of the deceased doctor was done between 6.10 pm and 7.10 pm on August 9 and after that the case was registered as an unnatural death.
The court pulled up the Kolkata Police for the “unexplained” delay of 14 hours in filing an FIR in the case. The bench also comprised Justice J.B. Pardiwala and Justice Manoj Mishra.
The bench said, “How is it that the post-mortem was done on August 9 at 6:10 pm, but the information of unnatural death was sent to Tala police station at 11:30 pm on August 9. This is extremely disturbing.” Pointing to the laxity in the investigation by the Kolkata Police, Justice Pardiwala said, “When you start doing the post-mortem, it means that it is a case of unnatural death. The case of unnatural death was however registered after the post-mortem on August 9 at 11:30 pm and the FIR was registered at 11:45 pm.”
Justice Pardiwala said, “The entire process adopted by your state is something I have not seen in my 30 years of (professional) life.” The Supreme Court also questioned the West Bengal government about the role of Dr. Sandeep Ghosh, former principal of RG Kar Medical College and Hospital, who has come under investigation after this heinous crime.
The bench asked senior advocate Kapil Sibal, appearing for the West Bengal government, “Procedure is a separate issue, but it remains. What is the reason that an FIR was lodged almost 14 hours after the body was found? Most importantly, the college principal should have come directly to the college and directed to lodge an FIR. Who was he in touch with? What was the purpose of this?” The bench said that as soon as the principal resigns, he is appointed as the principal of another college. At the outset, Mehta said that the CBI started the investigation on the fifth day of the crime.
He said, “We started the investigation on the fifth day. Before this, whatever the local police had collected was given to us. The investigation itself is a challenge, because the scene of the crime was changed. The FIR was registered at 11:45 pm after the funeral (of the victim).” Mehta told the bench, “First of all, the Deputy Superintendent of the hospital told the victim’s parents that she was not well. When they reached the hospital, they were told that she had committed suicide…. It was the deceased’s colleagues who insisted on videography. This shows that they suspected a cover-up.” Sibal opposed Mehta’s arguments and said that everything was videographed and nothing was changed at the crime scene. Sibal said that the Kolkata Police followed the procedure with full sincerity and the CBI’s status report is only an attempt to complicate the case.
He said that the CBI should tell the court what progress it has made in the case in the last one week. The bench issued guidelines regarding the safety of doctors, norms of protests and the rights of protesters. Apart from this, the court also issued several guidelines regarding the rights of the West Bengal government. The bench directed the National Task Force (NTF) to listen to all stakeholders while preparing a national protocol for the safety of doctors.
The bench said, “We direct the Secretary of the Union Health Ministry to ensure the safety of health professionals in collaboration with the Chief Secretaries and Directors General of Police of the states.” The bench also ordered to complete this work in a week. The bench directed the Kolkata Police officer who filed the first entry about this rape-murder incident that shook the country to appear at the next hearing and tell at what time the entry was filed. The court fixed September 5 for further hearing in the case.
The bench said that peaceful protests in connection with the Kolkata incident will not be obstructed by the West Bengal government. The court, however, clarified that it has not stopped the state government from using legitimate powers. The court said, “When we say that peaceful protesters will not be harassed, we also mean that proper protocol will be followed.” It said that there will be no punitive action against the protesting doctors.
The court directed the Secretary of the Ministry of Health to launch a portal through which stakeholders can give suggestions to the National Task Force regarding the safety of doctors. The court asked the doctors protesting against the incident to return to work and assured them that no adverse action will be taken against them after they return to work.
The lawyer of resident doctors of All India Institute of Medical Sciences (AIIMS) Nagpur told the bench that doctors are being harassed for protesting against the incident of rape and murder of a doctor. Protests are being held across the country against the alleged rape and murder of a doctor in a government hospital. The body of the female doctor was found in RG Kar Medical College and Hospital on August 9. Police have arrested an accused in this case. On August 13, the Calcutta High Court had ordered to hand over the investigation of the case from Kolkata Police to CBI. CBI started its investigation in this case from August 14.
Do not politicise the rape-murder case in the hospital, the law will do its job: Court
The Supreme Court on Thursday asked political parties not to politicise the rape and murder of a trainee doctor at Kolkata’s RG Kar Medical College and Hospital. It also said that “the law will take its course” in the case.
A three-judge bench headed by Chief Justice DY Chandrachud told Solicitor General Tushar Mehta, appearing for the Central Bureau of Investigation (CBI) and senior advocate Kapil Sibal, representing the West Bengal government, that all political parties must understand that the law will do its job.
Mehta said, “A current minister of West Bengal state has given a statement that if anyone says anything against our leader (Mamata Banerjee), his fingers will be cut off.” Solicitor General Mehta said that such statements should not be made.
Countering his statement, Sibal said that “Opposition leader Shubhendu Adhikari has said that bullets will be fired”.
The bench also comprised Justice J.B. Pardiwala and Justice Manoj Mishra. The bench said, “Do not politicise the matter. All political parties have to understand that the law will do its work. We are ensuring that the law does its work after a quick investigation.” The Supreme Court said that it is concerned about the safety and welfare of doctors and will issue instructions on this issue.
A controversy erupted after Trinamool Congress leader and minister Udayan Guha allegedly remarked that “fingers of those blaming West Bengal Chief Minister Mamata Banerjee for the RG Kar Hospital incident and demanding her resignation will be chopped off”.
At the same time, BJP leader Adhikari had reportedly said in a conversation with a news channel, “Resign by Monday or you (Mamata Banerjee) will be held responsible or bullets will be fired on Tuesday.” Protests are being held across the country against the incident of rape and murder of a doctor in a government hospital.
The body of the female doctor was found in RG Kar Medical College and Hospital on August 9. The police have arrested an accused in this case. On August 13, the Calcutta High Court ordered the case to be handed over from Kolkata Police to the CBI. The CBI started its investigation from August 14.