RG Kar Case| 'If This Document Is Missing, Something Is Amiss' : Supreme Court Asks West Bengal Police To Produce Postmortem 'Challan'

During the hearing today, in response to the queries of the bench, the CBI said that four clippings of CCTV footage of 27 minutes were handed over by Kolkata police.

Solicitor General of India Tushar Mehta, raising certain doubts about the forensic report, said that the CBI has decided to send the samples to the AIIMS and labs outside West Bengal.

"When the girl was found at 9.30, she was in a semi-nude condition. There were injury marks on the body. They have taken the samples and sent it to the CFSL(Central Forensic Science Laboratory) in West Bengal....and this is the result...the CBI has taken a decision to send the samples to the AIIMS and other CFSLs....who took the samples become relevant," SG said.

During the hearing, Advocate Phiroze Edulji, who appeared for the petitioners before the Calcutta High Court, stated that there were several discrepancies in the records and lacunae in the investigation. He raised the following points :

(1) The Post-Mortem was conducted after 6 PM, which is contrary to the rules and procedure.

(2) The seizure was effected from the crime scene before the FIR was registered at 11.30 PM. This is not legally sustainable. The forensic team can visit the place only after the registration of the FIR as per the new criminal code (BNSS). This means that the investigation has been severely compromised.

(3) The vaginal swab was not preserved properly at 4 degree Celsius.

(4) The clothes of the victim were not sent along with the body for the post-mortem.

Taking note of these submissions, the Court asked Senior Advocate Kapil Sibal, for the State of West Bengal, if the challan which sent the body for post-mortem was available. This was after Edulji submitted that the challan would contain remarks if any articles were sent along with the body. When Sibal said that the document was not available in the records produced today, the Court asked him to produce the same on the next date of the hearing. The bench also noted Eduji's submission that the copy of the challan was produced before the Calcutta High Court during one of the proceedings.

CJI said that the document was "important because it has a column showing what clothes and articles were sent along with the body. We want to see that."

Something amiss if the document is missing

Justice JB Pardiwala said, "See the third column on the top, the constable is supposed to carry this (form). It has been struck off. So there is no reference of this challan when the dead body is sent for examination. You need to explain, if this document is missing, then something is amiss."

"In the absence of mention in the post-mortem report, the possibility of it having been created subsequently cannot be ruled out," SG said.

Sibal said that the post-mortem was conducted in the presence of a judicial magistrate and said that the State would file an affidavit.

CJI opined that the CBI should ask for this document from the State.

Senior Advocate Mahesh Jethmalani, for an intervenor, submitted that there was no clarity about the time of death even after a month. However, the CJI said that there is some clarity now on the time of death. At the same time, the CJI added, "there is a delay of at least 14 hours in the registration of the FIR."

Grievances regarding CISF accommodation

SG Tushar Mehta raised a grievance that the State has not provided nearby accommodation for the three companies of lady personnel of the CISF (which has been asked to provide security cover for the RG Kar hospital by the Court) and that they have to travel about 1.5 hours. Sibal said that nearby accommodation has been arranged which can be handed over today. The Court asked a senior officer of the West Bengal home department and the CISF to liaise regarding the accommodation.

Senior Advocate Geeta Luthra also raised concerns about the rampant circulation of photos of the dead body of the victim on social media. Taking a serious view of the same, the Court directed that all such circulated pictures of the dead body shall be removed from social media platforms forthwith as it violated the deceased's privacy.

"Damage has been done by circulation these photographs. All photographs of the dead body are to be removed forthwith" the CJI stated.

Luthra also pointed out that few security personnel are allowing individuals to enter the RG Kar Hospital's emergency ward without asking for identity cards, which may cause a security threat. The Court asked the Union and the CISF to tighten the security measures and strictly monitor the access to emergency ward.

"CISF has to ensure and tighten up measures who can access to the emergency ward, pls ask the CISF company to ensure that all necessary safety and precautions are taken."

Also from today's hearing - RG Kar Case | 'Protest Can't Be At Cost Of Duty' : Supreme Court Asks Doctors In West Bengal To Return To Work

Other Related Developments In The RG Kar Case

Notably, the Court on September 6 dismissed the petition filed by ex-RG Kar Medical College Hospital Principal Sandip Ghosh challenging the Calcutta High Court's order transferring to the CBI the investigation of alleged financial irregularities by him. The Court observed that Ghosh being an accused does not have a locus standi to be heard in a plea seeking the transfer of investigation.

Prior to this, the bench of Justice JB Pardiwala and Manoj Misra on September 2 also dismissed the challenge by the State of West Bengal against the bail granted to student leader Sayan Lahiri in relation to the protests over RG Kar Hospital Rape-Murder.

Background

The body of the post-graduate trainee doctor was found in the R.G. Kar Hospital's seminar room on August 9. The Kolkata Police arrested a civic volunteer the next day in this connection.

On August 13, the Calcutta High Court directed the Central Bureau of Investigation (CBI) to take over the investigation, after expressing lack of satisfaction with the Kolkata Police. The High Court passed the order acting on petitions filed by one of the parents of the victim and certain other individuals.

The Top Court on August 20, 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.

The Court also expressed serious concerns over the shortcomings in the investigation by the West Bengal Police .

On same day, 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.

On August 22, the Court took 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 further clarified 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.

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