The case of the rape and murder of a trainee doctor at R.G. Kar Medical College and Hospital in Kolkata, which occurred on August 9, was heard by the Supreme Court on Monday. The bench, consisting of Chief Justice D.Y. Chandrachud, Justices J.B. Pardiwala, and Manoj Mishra, addressed three key issues: the CBI investigation report, the ongoing doctors’ strike, and the welfare of CISF personnel stationed at the hospital.
The CBI’s status report revealed several discrepancies. The court noted a 14-hour delay in filing the FIR, and some crucial documents were missing, which raised concerns. The court ordered the state government to present the missing documents.
Regarding the strike, the court directed the doctors to return to work immediately. Chief Justice Chandrachud emphasized, “If doctors do not return to duty by 5 PM on Tuesday, the state government will be free to take action against them. Doctors have a duty to serve their patients.”
On the matter of CISF personnel, the court instructed the state’s Home Secretary to provide accommodation for the CISF personnel who were deployed for the hospital’s security. The court also ordered the provision of additional security equipment. The next hearing is scheduled for September 17.
Key Issues Discussed in Court:
First Issue: CBI Investigation Status Report on the Rape and Murder of the Trainee Doctor
CJI: “What is the distance between R.G. Kar Medical College and the principal’s residence?”
SG: “Approximately 15 to 20 minutes.”
CJI: “At what time was the unnatural death case registered?”
SG: “Please refer to the chart. After all, she was our daughter too.”
Sibal: “The death certificate was issued at 1:47 PM, and the unnatural death was recorded at the police station at 2:55 PM.”
CJI: “Was the unnatural death number 861?”
Sibal: “Yes.”
CJI: “When was the crime scene inspected and evidence collected?”
Sibal: “Between 8:30 PM and 10:45 PM, after the body had been sent for postmortem.”
SG: “But by whom? That’s also crucial.”
CJI: “Look at the CCTV footage; it clearly shows when the accused entered and exited the seminar room. After 4:30 PM, further footage would exist. Has the footage been provided to the CBI?”
SG: “Yes, we have all the recordings. We had to recreate the scene.”
CJI: “Did the Kolkata Police provide all the footage from 8:30 AM to 10:45 PM?”
Sibal: “Yes.”
CJI: “But the CBI says they only received 27 minutes of video.”
Sibal: “Some technical issues occurred. The hard drive was full, but the full footage has been provided.”
SG: “We have the forensic report. When the body was found, it was semi-nude, without jeans or undergarments, and had injury marks. Samples were taken. The West Bengal government conducted a forensic examination at CFSL, while the CBI decided to send samples to AIIMS and other labs.”
SG: “The postmortem report did not mention the exact time of the examination.”
Sibal: “All the details are there.”
SG: “Who did the videography? There are no details.”
Sibal: “A judicial magistrate was present.”
SG: “Injuries to the private parts of the victim indicate rape, and death was caused by manual strangulation.”
SG: “There’s also the mystery of only 10 entries in the general diary between 2:30 PM and 11:30 PM. Were these self-recorded?”
CJI: “Yes, the 5:42 PM, 5:65 PM, 5:76 PM, and 6:81 PM entries are suspicious. The CBI is aware and investigating.”
CJI: “When a body is sent for postmortem after an investigation, a receipt is issued. Without this, the doctor will not accept the body.”
CJI: “Where is this receipt? We need to see it.”
Sibal: “Please give us time to present it in court. As far as I know, the receipt was filled out by the CJM.”
CJI: “Does this mean the postmortem was conducted without a receipt?”
SG: “That cannot happen. It’s a legal process.”
Justice Pardiwala: “The postmortem report in column three mentions the name of the constable who carried the form. There’s no mention of the receipt. If it’s missing, something is wrong.”
Another lawyer: “I have the names of the culprits who entered the hospital and tampered with evidence.”
Sibal: “The CBI hasn’t claimed that the seal was broken.”
Geeta Luthra: “This entire case is chaotic.”
Luthra: “People were allowed inside the hospital without identification.”
Luthra: “One more request: images of the trainee doctor are being circulated on social media. This must stop.”
CJI: “We order the removal of all images.”
CJI: “We expect the West Bengal government to think about creating safe work environments for doctors, even without waiting for the task force report.”
Sibal: “Please refer to the Health Department’s report. Some guidelines have been issued, and CCTV surveillance is in place.”
CJI: “Okay, if 3,700 CCTV cameras were already working, why did this crime happen? The government must inform us of the security measures taken at R.G. Kar Hospital after the case reached the court.”
Second Issue: Doctors’ Safety and Returning to Duty
Sibal: “Due to the strike, 23 people have lost their lives, and six lakh people were not treated. Resident doctors are not attending OPD. More than 1,500 angiographies have been delayed.”
CJI: “Who is representing the Doctors’ Association?”
Senior Advocate Nandi: “We are here. The doctors are divided into two groups. Advocate Luthra also represents some doctors.”
CJI: “Are all doctors back on duty?”
Advocate Luthra: “Medical and junior doctors in West Bengal are not on duty. Out of 1,700 hospitals, 1,500 have doctors on duty, but junior doctors in Kolkata are not working. They are still receiving threats.”
CJI: “If doctors do not return to work by 5 PM tomorrow, the state government can take action against them. If they return, no action will be taken.”
Luthra: “But doctors are receiving threats for supporting the protests.”
CJI: “It would be better if doctors return to their duties.”
Related hearings:
- August 22: The court expressed doubt over Kolkata Police’s role in tampering with the crime scene.
- August 20: The Supreme Court said it cannot wait for another rape to happen before improving security for doctors.
In protest of the rape and murder incident at R.G. Kar Medical College and Hospital, people took to the streets on September 8 as part of the ‘Reclaim the Night’ campaign. They painted the slogan “Justice for R.G. Kar” on the streets.