BREAKING | Kolkata Doctor Rape-Murder: High Court Transfers Probe To CBI, Says State Police's Investigation Did Not Inspire Confidence

In a breaking development, the Calcutta High Court has transferred the investigation into the brutal rape and murder of a 2nd year PG medical student at Kolkata's RG Kar Hospital, to the CBI.

A division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya were hearing multiple pleas, including one by the parents of the victim seeking transfer of investigation to an independent agency. In expressing concerns over the progress of the investigation under the state police, the bench held:

The parents of the victim have an apprehension that if the investigation is allowed to continue in this manner, it will derail. Therefore they pray for extraordinary relief. One more disturbing aspect is that a case of unnatural death was registered. It is submitted that such cases are registered when there is no complaint.  When the deceased was a doctor in the same hospital, it is surprising why the principal did not lodge a complaint. There has been no significant progress in the investigation. The administration was not with the victim or her family. The principal has not even given a statement. Without significant progress in the investigation, we would be well justified in accepting the prayers by the victim's parents that evidence would be destroyed.  Therefore we transfer the investigation to the CBI to do justice between parties and to inspire public confidence.'

Background

According to local reports, the trainee doctor had completed her night shift and had gone to rest in the college's seminar hall before being discovered in a brutal condition in the early hours of 9th August.

After a preliminary investigation, the Kolkata Police had arrested a 'civic volunteer' who worked with the local police force. This arrest has been termed as a cover-up, with the counsel claiming that the state police's investigation had been faulty and they were trying to make a scapegoat out of the accused in an attempt to cover up the real facts.

The parents of the deceased were represented by Senior Advocate Bikash Ranjan Bhattacharya, who submitted that they initially received a phone call claiming that she had fallen sick and upon reaching the college were told that she had committed suicide, but were not allowed to see her body for up to three hours while waiting there.

It was submitted that when they saw her body for identification, they were convinced that the incident could not have been a suicide due to the gruesome nature of the injuries. The senior counsel prayed that the matter be immediately transferred to the Central Bureau of Investigation (CBI) since crucial evidence could be destroyed with the passage of time.

Counsel appearing for other petitioners submitted that Dr Sandip Ghosh, who was the principal of the medical college had resigned from his post claiming "moral responsibility" but was within a few hours appointed as principal of the Calcutta National Medical College, another government college.

In taking exception to such occurrences, the Court remarked: If the principal has stepped down owing moral responsibility, rather serious that he is rewarded within 12 hours with another appointment. There is an apprehension that with lost time there is something that will go wrong. No man is above law, how did he step down and then be rewarded with another responsibility? The principal is the guardian of all doctors working there, if he doesn't show any empathy who will show? He should be at home not working anywhere. So powerful that a government counsel is representing him? The principal will not function. Let him go on long leave. Otherwise, we will pass an order.

In response to the allegations, the state submitted that they had been carrying out a thorough investigation and that there was no scope for any further probe. It was submitted that a case of unnatural death was registered since there was no complaint registered when the deceased's body was found. It was submitted that though a complaint could have been filed by officials or the principal, none was received.

The court expressed concern over the fact that the case was registered by the police as an unnatural death and remarked that the principal or authorities of the college had not done anything in their power to aid in the probe. It thus directed for the principal to be placed on indefinite leave till further orders.

In noting that a report could be called for by the state police under normal circumstances, the court noted the peculiar nature of the facts in this case and acceded to the parents' prayer that any further delay would lead to the destruction of evidence.

Thus, it handed over the investigation to the CBI and listed the matter for further hearing after three weeks.

Case: XXXXX (Parents of Victim) vs The State of West Bengal & Ors. 

Citation: WPA(P) 339 of 2024

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