RG Kar Case| 'What CBI Revealed In Its Report Is Disturbing', Says Supreme Court

Noting that a period of ninety days is available to file the chargesheet, the Court said that there was still time left and that setting a deadline may not be conducive to proper investigation.

"Making a disclosure today of what the CBI is investigating will jeopardise the process, the line which is taken by the CBI is to unearth the truth.. the SHO himself has been arrested... CBI has responded specifically to the issues we have raised, including whether the challan in the statutory form was submitted along with the postmortem...CBI is also exploring the possibility of whether the scene of the crime was tampered with, evidence was destroyed, whether there was the complicity of other persons in failing to report the crime etc..." CJI said.

"The CBI, apart from performing its independent investigation, is also addressing the issues we raised. There is still time to complete the investigation. We have to give CBI adequate time, they are not sleeping over. To put any timelimit will be to dislocate the investigation...They are required to be given time to unearth the truth," CJI said.

The bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra was hearing the suo motu case  taken over the brutal rape and murder of a doctor in RG Kar Hospital in Kolkata that occurred on August 9.

We are disturbed by what CBI has revealed to us : CJI

During the hearing, Advocate Phiroze Edulji, appearing for a petitioner who approached the High Court, made submissions regarding discrepancies in the seizure list and sketch map. He also reiterated his previous submissions regarding not sending the clothes of the victim at the time of the autopsy. He added that only 27 minutes of footage was handed over to the Kolkata Police to the CBI.  

In response, CJI said :

"What the CBI has revealed in the report is worse, really disturbing..What you are flagging is of utmost concern, we ourselves are concerned, CBI has flagged it for us..we are ourselves disturbed by what we have read."

Senior Advocate Kapil Sibal, for the State of West Bengal, asserted that the entire video records of 7-8 hours have been handed over to the CBI.  CJI told the Solicitor General that the CBI has to ensure that the entire footage has been handed over.

"Mr SG, can you not summon Kolkata police and get the footage?You need to see whether the hash value has changed or not.. CBI has to ensure this.. your investigating officer has to ensure this...make sure that the CBI seizes the entire DVR and footage, we hope that the CBI does it," CJI observed.

Court asks CBI to consider the concerns raised by the father of the deceased

The Court also took note of a letter issued by the father of the deceased on September 17 expressing certain concerns and sharing some specific inputs regarding the investigation. Observing that the concerns raised in the letter are "genuine", the Court asked the CBI to duly take note of them. Solicitor General of India Tushar Mehta assured the Court that it would be done and added that the CBI was already pursuing many of the concerns raised therein. SG also assured that the CBI would maintain contact with the parents of the deceased and keep them informed.

Senior Advocate Indira Jaising, appearing for the association of junior doctors, said that they have information indicating the presence of other persons at the scene of the crime and agreed to share the details in a sealed cover with the SG for onward transmission to the CBI.

Challan not in use since 1997 : State claims

At the fag end of the hearing, Sibal told the bench that the challan of the Postmortem (the absence of which has come under the scanner of the Court) has not been in use in the State since 1997. Sibal said that the submission made by an intervenor on the previous hearing that the said document was produced before the High Court was false. SG termed the submission of Sibal as "unfortunate."

CJI however was not convinced by Sibal's submission. "We don't buy the explanation, once there is a statutory form, you can't say that it was not used."

CJI said that the CBI will examine this aspect.

Other developments from today's hearing - RG Kar Case | 'You Can't Say Women Doctors Can't Work At Night, Your Duty Is To Provide Security' : Supreme Court To West Bengal Govt

Supreme Court Asks Wikipedia To Remove Name Of Victim In RG Kar Hospital Rape-Murder Case

Junior Doctors Agree Before Supreme Court To Return To Work On West Bengal Govt Implementing Confidence Building Measures

'This Is Not A Political Forum' : Supreme Court Rebukes Applicant Who Sought WB CM Mamata Banerjee's Resignation Over RG Kar Case

Supreme Court Rejects West Bengal's Plea To Stop Live-Streaming Of RG Kar Case, Says Will Protect Lawyers From Online Threats

On the last hearing, the Court asked the State of West Bengal to produce the challan which was sent along with the dead body for post-mortem. The challan would have entries regarding the articles and materials sent along with the body for autopsy, the Court noted.

The court also directed the doctors in the State of West Bengal, who are abstaining from duties as part of protests over the incident, to immediately return to work. If they return to work by 5 PM tomorrow, no adverse action be taken against them, the Court directed.

Previously, the Court also express serious concerns over the the shortcomings in the investigation by the West Bengal Police .

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 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.

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. 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 on 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