RG Kar Case | Supreme Court Allows Victim's Parents To Pursue Plea In Calcutta HC For Probe Into Alleged Cover-Up

The Supreme Court today (March 17) permitted the Calcutta High Court to proceed to hear a pending writ petition filed by the parents of the victim in the RG Kar Rape- Murder Incident seeking further investigation against ex-Principal of the College, Sandip Ghosh, in his involvement in the alleged cover-up of the crime. 

The bench of CJI Sanjiv Khanna, Justice Sanjay Kumar and Justice Joymalya Bagchi was hearing the suo motu case pertaining to the brutal rape and murder of a doctor in RG Kar Hospital in Kolkata that occurred on August 9.

Senior Advocate Karuna Nundy appearing for the parents of the deceased informed the bench of the application filed by the father of the victim.

The application sought clarification from the bench that the present Suo Motu proceedings will not bar the deceased's parents from moving a petition in the High Court for continued investigation in FIR No. RC0482024S0010 dated 13th August 2024 against Sandip Ghosh, and former OC of the jurisdictional police station Abhijit Mondal, who were arrested for conspiring to cover up the incident. 

Notably, on December 13, 2024, the  Additional Chief Judicial Magistrate, Sealdah, granted bail to the two accused upon observing that the Central Bureau of Investigation (CBI) had failed to file its chargesheet against them within the statutory time limit of 90 days.

The parents have also sought liberty to proceed with the pending writ petition before the Calcutta High Court, seeking to monitor the CBI investigation into the issues pointed out by them.

The pending writ petition before the Single Bench of Calcutta High Court namely, WPA No. 30365 of 2024 was filed by the parents before the trial court passed the conviction order against prime accused Sanjoy Roy. The writ petition was mainly against the default bail granted to Ghosh and Mondal and the incomplete investigation relating to the alleged cover-up of the rape-murder incident. 

However, the bench of Justice Tirthankar Ghosh directed that as a matter of judicial discipline, the writ petitioners seek clarifications from the Apex Court considering it was already seized of the larger issues. 

In the Supreme Court today, Nundy stressed : 

"The plea is that as a forum of convenience, that if the single judge may be permitted to continue with monitoring further investigation" 

Taking note of the same, the CJI said that while the bench would not be commenting on the matter, it would allow the High Court to hear the pending writ petition. 

"We are not going to say anything. We are simply going to permit the single judge to continue with the writ petition, not making any comments either way, not saying that the investigation should continue or not continue...we will simply allow the application that the writ petition filed by you may be heard" 

Solicitor General Tushar Mehta appeared for the CBI. 

The bench proceeded to pass the following order : 

"Without making comments, we dispose of the application observing that the applicant is at liberty to pursue the writ petition before the HC. We however do not express any opinion on what order the HC may pass." 

Notably in August 2024, the High Court had transferred to the CBI the probe into alleged financial irregularities by Sandip Ghosh at the RG Kar Medical College.

The bench also clarified that it will hear the main issues of the present Suo Motu Case including the NTF's recommendations will be heard on a non-miscellaneous day in the week commencing May 13, 2025. 

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