'Never Seen Such A Procedure' : Supreme Court Questions West Bengal Police On RG Kar Hospital Rape-Murder Probe

The bench today perused the status report filed by the Central Bureau of Investigation (CBI) - which took over the investigation under the directions of the Calcutta High Court- and also the records submitted by the West Bengal Police.

After seeing the records, CJI DY Chandrachud posed to Senior Advocate Kapil Sibal, representing the State :

"Mr. Sibal, something is very disturbing. The GD entry in regard to unnatural death is recorded at 10.10 in the morning. So the Police Station is informed that there is an unnatural death. Notwithstanding all this, the securing of the crime scene, seizure etc. takes place at 11.30 at night? What was happening all by then?"

Sibal asserted that this was incorrect information and claimed that all proceedings were videographed. He requested the Court to see the chart prepared by the State showing the timeline of event.

"Just tell us, at what time the post-mortem was performed, as per your records?", Justice Pardiwala asked.

"6.10 PM to 7.10 PM," Sibal replied.

Justice Pardiwala then asked why the unnatural death(UD) case was registered at 23.30 hours. "This is very surprising, post-mortem precedes registration of the UD!," Justice Pardiwala said.

Sibal responded that it was the FIR and the UD (Unnatural Death) case was recorded that day morning itself. UD was registered at 1.45 PM, Sibal replied. Justice Pardiwala then wondered how could both the records be "reconciled".  

Never seen such a procedure by police : SC

When Sibal was not able to give the exact time regarding the registration of the UD case, Justice Pardiwala asked him to ensure the presence of a responsible police officer on the next date of the hearing so that the Court could get the responses.

"The entire procedure which your police have followed, I have not come across in my thirty years..." Justice Pardiwala said.

Justice Pardiwala also questioned the conduct of the Assistant Superintendent (Non-Medical) saying that "her conduct was also very doubtful."

CJI then read out from the case diary and stated that the UD Case was registered after the officer returned to the police station, after the cordoning off and preservation of the crime scene, which took place only after the post-mortem was performed.

Sibal, after checking the records, stated that the post-mortem report, inquest report, seizure list etc., has references to the earlier UD case.

Solicitor General of India Tushar Mehta stated that what was recorded at 10.10 AM was the General Diary Entry and the UD case was registered 23.30 hours and the FIR registration took place thereafter.

CJI said that the inquest report referred to GD 861, which is stated to have been registered at 11.30 PM. When the inquest was done at 4 PM, how did the report refer to the GD case number which was registered later at night, CJI asked.

During the hearing, one counsel claimed the post-mortem referred to 150 gms of semen. However, CJI shot her down saying, "Don't use social media to make arguments, we have the actual autopsy report before us and we know what the 150 gm refers to..".

At the afternoon session, Sibal stated that the police were following the procedure as laid down in the West Bengal police rules regarding the dealing of unnatural death cases.

However, the CJI said that it won't justify the belated registration of the FIR at 11.30 PM despite the body being discovered in the morning itself. CJI also questioned the role of the Principal of the hospital.

"What is the reason (a) for FIR to be lodged 14 hours of delay; (b) the principal of the college should have supposed to come straight to the college and filed the FIR, whom is he protecting? (c) he had resigned and been assigned another college?," CJI asked.

SG informed the Court that the CBI has submitted an application to the Additional Chief Judicial Magistrate(ACJM), Sealdah for allowing the polygraph test of the sole accused who has been arrested so far. The Court directed the ACJM Sealdah to pass orders on CBI's application by 5 PM tomorrow.

Directions passed today

The bench then passed an order recording that it has taken on record the status reports and records given by the CBI and the West Bengal police.

Taking note of certain apprehensions raised by the State regarding protests turning violent, the Court clarified that the authorities would be at liberty to exercise lawful powers to regulate protests. However, the bench added that peaceful protests should not be disturbed.

The bench also appealed to the doctors to return to duties and protected them from coercive actions for their absence due to protests till today.

The bench also stated that the concerns of the resident doctors will be considered by the National Task Force while making its recommendations. The Court directed a portal to be opened at the website of the Ministry of Health for the suggestions to be taken by the NTF.

The Court directed the secretary of the Union Health Ministry to engage with the Chief Secretaries of the State and Director General of Police to ensure the safety of the doctors willing to return to work. The meeting be held within a week and states shall take remedial measures within two weeks.

The Court directed all states and Union Territories to prevent any apprehension of violence at medical establishments.

The matter will be next heard on September 5.

On the last hearing, the Court while concerning itself of the 'systemic issues' relating to the safety of medical professionals especially women doctors, constituted a  "National Task Force" headed by Surgeon Vice Admiral Arti Sarin AVSM, VSM. Director General Medical Services (Navy) to give recommendations on the modalities to be followed all over the country to ensure the safety of medical professionals.  

Notably, in a related writ petition filed by two lawyers, the bench directed the immediate removal of all social media content including any references to the name or pictures and videos taken of the trainee doctor which were circulating online after the incident. 

Other related articles on the ongoing case can be read here .

Case Title : In Re : Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related issues | SMW(Crl) 2/2024