New Delhi. The Supreme Court on Tuesday directed the Central Bureau of Investigation (CBI) to submit a status report on the investigation into alleged financial irregularities at Kolkata’s RG Kar Medical College and Hospital, where an intern doctor was allegedly raped and murdered last month. The apex court also took note of the status report filed by the CBI in connection with the rape and murder case and said that disclosure of the status would jeopardise further investigation.
Refusing to stay the live telecast of the hearing in the suo motu case related to the incident, the court said that it is a matter of public interest and the public should know what is happening in the courtroom. A bench of Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala and Justice Manoj Mishra asked the central investigating agency to file a status report on the investigation so far on alleged financial irregularities in the medical departments of the hospital. The court later adjourned the hearing of the case and fixed the date of hearing after a week.
It noted the CBI report in the rape and murder case and said that it would not be appropriate to disclose the agency’s investigation as it would affect further investigation. The bench said, “The deceased’s father has given some suggestions regarding some clues which should be investigated. We are not making them public, we will say that these are important information and the CBI should consider them.” At the start of the hearing, senior advocate Kapil Sibal, appearing for the West Bengal government, requested to stop the live telecast of the hearing of the case. He alleged that the women lawyers of the chamber are receiving threats of acid attack and rape.
Sibal said, “I am very concerned about what is happening. What happens is that when you broadcast such cases live, they have a very emotional impact. We are not defending the accused. We have appeared on behalf of the state government and as soon as the court makes any comment, our credibility is ruined overnight. We have a credibility of 50 years.” The court assured Sibal that it will take action if there is any threat to lawyers and others. The bench said, “We will not ban the live telecast of the hearing. It is in public interest.” During the hearing, the Supreme Court objected to the West Bengal government’s ‘Ratriyar Sathi’ program, which has a provision to avoid putting women doctors on night duty and for women doctors to not exceed 12 hours at a time.
The bench said, “The West Bengal government should improve the notification. Your duty is to provide security, you cannot say that women (doctors) cannot work at night. Pilots, army etc. all work at night. This will adversely affect their (doctors’) career. Duty hours should be reasonable for all doctors.” After the objection of the Supreme Court, the West Bengal government told the bench that it would withdraw the notification for women doctors. The bench also questioned the West Bengal government’s decision to recruit employees on contract to ensure the safety of doctors and other workers in hospitals.
The bench said, “We are in a situation where there is lack of security for doctors. The state government should at least deploy police in government hospitals. We have the issue of young trainees and girl students who are coming to Kolkata for work.” The West Bengal government also assured the bench that no punitive or adverse action would be taken against the protesting doctors. Earlier, senior advocate Indira Jaisingh, appearing for the junior doctors, had requested the court to record that no punitive action should be taken against the doctors.
Jaisingh also said that the junior doctors know the people who were present at the crime scene and this information should be shared with the CBI in a sealed envelope. Meanwhile, Solicitor General Tushar Mehta, appearing on behalf of the CBI, told the court that Wikipedia is still showing the name and picture of the deceased. After this, the apex court directed Wikipedia to remove the name of the deceased.
The bench said, “To maintain the dignity and privacy of the deceased, the governing principle is that the identity of the deceased is not disclosed in the case of rape and murder. Wikipedia should take steps to comply with the earlier order.” The court also said that no one can say that the CBI has destroyed anything related to the crime, the scene of the crime or 27 minutes of CCTV footage.
The West Bengal Police told the court that it does not have any material related to the crime, including CCTV footage, and everything has been handed over to the CBI. The body of the female doctor was found in the seminar hall of the hospital on August 9. There were marks of serious injuries on the body. The Kolkata Police arrested an accused in this case the next day. On August 13, the Calcutta High Court directed the investigation to be handed over from the Kolkata Police to the CBI. The CBI took over the investigation the next day i.e. on August 14.