Kolkata Doctor's Rape & Murder : Supreme Court Slams West Bengal Police, Asks CISF To Provide Security To RG Kar Hospital

At the outset, Chief Justice of India DY Chandrachud expressed deep concerns at the fact that the name of the victim, photographs and video clips showing the dead body have been spread all over the media. "This is extremely concerning," CJI said.

Senior Advocate Kapil Sibal, for the State of West Bengal, submitted that the photos were taken and circulated before the police reached.

The Court also questioned the State over the conduct of the Principal, the delay in the registration of the FIR and the vandalism which took place at the hospital during a public protest on August 14.

"After the crime was detected in the early hours of the morning, the Principal of the hospital tries to pass this off as a suicide. The parents are not allowed to see the body for a few hours..." CJI said. Sibal said that this was incorrect information and said that the State will place on record all facts.

CJI questioned why the Principal was given the charge of another hospital after he resigned from RG Kar Hospital.

Next, the bench questioned about the timing of the FIR. Sibal said that an "Unnatural Death" case was registered immediately and claimed that there was no delay in the registration of the FIR.

CJI pointed out that the autopsy was conducted between 1 PM and 4.45 PM of the day. The body was handed over to the parents at about 8.30 PM for cremation. However, the FIR was registered only at 11.45 PM. Sibal said that the FIR was registered based on the complaint of the victim's family.

"FIR is registered at 11.45 at night? Nobody at the hospital registers the FIR? What were the authorities at the hospital doing? Doesn't autopsy reveal the victim was raped and murdered?" CJI asked.

"What was the principal doing? Why first it was attempted to pass off as suicide?," CJI asked further.

Sibal said that the Kolkata police arrested the accused within two days. "The main accused was a civic worker. His Bluetooth was found on the spot and it connected with his mobile. The CCTV was also there, so we connected.." Sibal said.

Court questions the State over vandalism at hospital

The Court also questioned the State over the acts of vandalism which took place at the hospital on August 14 during a "reclaim the night" protest campaign.

"Hospital is invaded by the mob!.Critical facilities were damaged. What was the police doing? The first thing the police have to do is to secure the crime scene," CJI said.

Solicitor General of India Tushar Mehta said that a mob gathering of 7000 people won't assemble without the knowledge and the connivance of the police.

"We are unable to comprehend how the authorities were not able to deal with the vandalism," the bench recorded in the order. SG said that the root of the issue is that the West Bengal police is functioning under a DIG-in charge who himself is facing various allegations. Sibal refuted this submission.

Sibal said that over 50 FIRs have been registered over the vandalism incidents and 37 people have already been arrested. SG expressed surprise at the registration of 50 FIRs and said that it was a "recipe for not investigating."

Don't take coercive action against peaceful protesters: SC to State

The Court also urged the State to not take coercive actions against people who are participating in peaceful protests and speaking up in media and social media.

"Let not the power of the State of West Bengal not be unleashed upon peaceful protesters. Let us deal with them with great sensitivity. This is a moment for national catharsis," CJI said.

Sibal said that a lot of misinformation is spreading in the media regarding the case and the State was only taking action against them.

In the order, the Court observed as follows :

"We expect that the Govt of WB shall observe necessary restraint in the face of peaceful protests being conducted by any quarter of the society bearing on the issues which form the subject matter of the incident in Kolkata."

Hospital's security handed over to the CISF

During the hearing, Senior Advocate Aparajita Singh, appearing for an organization of doctors "Protect the Warriors", told the bench that after the vandalism incident on August 14, mob returned to the medical college hospital and threatened the women doctors that they will also meet the same fate as the rape-victim if they complained about the incident. She said that one "brave doctor" has emailed a complaint regarding this to the police and presented a copy of the same to the bench.

The bench took serious note of this complaint.

"This is a very serious issue Mr. Sibal," CJI said, adding that "the West Bengal Government cannot be unware of the fact that when there are protests, the other segment will always try and disrupt it."

CJI expressed grave concern at the fact that the mob called the lady doctors by their names and threatened that they would meet the same fate as that of the deceased. CJI questioned why the police ran away from the spot.

"This is not an ordinary complaint which has been made to us now. What is the police doing?," CJI asked.

Justice Pardiwala, who was also on the bench, asked if the same police can be trusted to provide security to the doctors.  Taking note of this issue, CJI said that the Court will order the Central Industrial Security Force (CISF) to provide security to the hospital and the hostel. Sibal said that the State has no objection to this.

In the order, the Court noted that out of the 700 doctors who were there at the RG Kar hostel, only 30-40 females and 60-70 males remain after the vandalism incident.

"It is essential to create safe conditions for the doctors so as to return to their duties, so that they not only pursue their medical education but also administer medical care. Accordingly, we are assured by SG Tushar Mehta that CISF shall be deputed in sufficient strength to guard the facilities at RG Medical college including the hostels where the resident doctors are staying. Mr Sibal says there is no objection since the aim is to safeguard the place," the Court observed in the order.

The Court said that if any doctor has any concern regarding safety, they can send an e-mail to the Registrar Judicial of the Supreme Court.

The Court asked the CBI to file a status report on the investigation by Thursday (August 22). The State of West Bengal has also been asked to submit a status report on the investigation into the acts of vandalism.

Citation : 2024 LiveLaw (SC) 585

Click here to read the order