[Breaking] Doctor-Rape Murder Case: “Absolute Failure of State Machinery”: Calcutta High Court Takes Cognizance on Vandalism At Kolkata’s RG Kar Hospital

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Chief Justice Sivagnanam remarked that the matter was listed before the court primarily due to the numerous emails received concerning the hospital’s plight.

Kolkata: (August 16, 2024): The Calcutta High Court, led by Chief Justice T.S. Sivagnanam, took cognizance of the vandalism that occurred at RG Kar Medical College and Hospital in Kolkata on the night of August 14. The incident took place during a midnight protest sparked by the horrific rape and murder of a trainee woman doctor, an event that has left the medical community and the city shaken.

The High Court acted after receiving several emails drawing attention to the mayhem that unfolded on the hospital premises. During the protest, tensions escalated, resulting in acts of vandalism that disrupted medical services and further intensified the emotions surrounding the tragic death.

Chief Justice Sivagnanam remarked that the matter was listed before the court primarily due to the numerous emails received concerning the hospital’s plight.

Chief Justice TS Sivagnanam’s bench questioned why permission was granted for protests on such a sensitive issue, stating,

“Typically, police have an intelligence unit… similar incidents happened during Hanuman Jayanti. If 7,000 people are gathering, it’s hard to believe the police were unaware.”

The state argued no permission had been given, but the High Court countered, noting that

Section 144, which restricts large gatherings, was in place at the time. “You should have cordoned off the area,” the court told the police. “7,000 people can’t just show up unnoticed,” the court added, dismissing the state’s defense.

The court sharply criticized the authorities, calling it “an absolute failure of state machinery.”


“The police couldn’t even protect their own officers? This is a disgraceful situation. How can doctors work without fear in such conditions?” the court asked, demanding to know what preventive measures were being taken.


“These hooligans were looking for the third floor, which in Bengali means the fourth storey, where the crime took place. They got confused and went to the second floor instead, thus preserving the crime scene. The state machinery failed… the crime scene at RG Kar Hospital wasn’t protected,” he said.

Senior advocate Bikash Ranjan Bhattacharya, representing the parents, alleged that the police “hid behind the protesters” and argued that it was due to a misunderstanding, not police action, that the crime scene was spared from vandalism.

The court also questioned the urgency of demolition and renovation work near the crime scene, asking, “What was the rush? You go to any district court, and there are no proper facilities, yet here it was deemed urgent?”

Frustrated, the court remarked,

“We’ll shut down the hospital and relocate everyone. How many patients are currently there?” Even though the state assured that the crime scene was secure, the court said, “We take your word for it, but you should be just as concerned! As a citizen of this city, it pains me… it should pain you too.”

Finally, the court instructed the police to submit all details of the protest, including a timeline, to the Central Bureau of Investigation, which was handling the broader case.

“The CBI is directed to proceed as they see fit.”

The court stressed the importance of ensuring adequate protection for hospital doctors, noting,

“We have reminded doctors of their duty to care for patients, but this incident will undoubtedly affect their mindset.”

The matter listed for next hearing on Aug 21st.

The midnight protest was sparked by outrage over the rape and murder of a young trainee woman doctor at the hospital. The news of the crime sent shockwaves through the medical community, which swiftly mobilized to demand justice for their fallen colleague. What began as a peaceful protest quickly spiraled into chaos as frustrations boiled over, resulting in vandalism within the hospital premises.

Several wards and emergency services at the hospital were disrupted as demonstrators, many of them medical professionals and students, vented their anger and demanded immediate action from the authorities. Broken windows, damaged equipment, and scattered medical supplies were among the aftermath of the protest, painting a grim picture of the night’s events.

In court, a detailed examination of the events leading to the vandalism is expected. The High Court will also likely call upon law enforcement agencies to provide updates on the ongoing investigation into the rape and murder of the trainee doctor.

In the early hours of Thursday morning, chaos erupted at Kolkata’s RG Kar Medical College and Hospital when a group of miscreants breached barricades, assaulted protesting doctors, and damaged hospital property, including the emergency building where a woman doctor’s body was discovered the previous week, according to police reports.

The vandalism took place amidst midnight protests by women outraged by the brutal rape and murder of the doctor at the hospital. The chaos unfolded as ‘Reclaim the Night’ rallies—organized to demand justice for the young PGT doctor—converged on the hospital from various parts of the city.

Police stated that around 40 individuals, allegedly disguised as protesters, entered the hospital premises, vandalizing property and hurling stones at officers. The situation escalated, prompting police to fire teargas to disperse the mob. Emergency beds with patients were also damaged, forcing doctors, nurses, and officers to flee the scene. The intruders, dressed in shorts and vests, were reportedly not part of the initial protest rallies.

Along with the damage to hospital property, a police vehicle and several two-wheelers were vandalized, and some officers sustained injuries in the violence. The ‘Reclaim the Night’ campaign, which gained traction on social media, began at 11:55 pm and spread across cities and towns, including major landmarks in Kolkata.

As tensions rose, Kolkata Police Commissioner Vineet Goyal arrived at the scene around 2 am and criticized the media for what he described as a malicious campaign against the police.

“What haven’t we done?” he asked, defending the Kolkata Police’s efforts in the investigation. Goyal emphasized that they had thoroughly pursued all leads and that even the CBI would not find evidence that police had shielded anyone.

“This is the result of a false media narrative against Kolkata Police. We have done everything possible in this case… We have tried to satisfy the family, but rumors are being spread. I am extremely frustrated. We have acted appropriately. The CBI is now investigating, and we will fully cooperate with them,”

Goyal said.

He also stressed,

“Please refrain from spreading rumors. We are verifying everything… We’ve interrogated everyone involved. Spreading distrust only harms the city, not just me… This is demoralizing for our officers who have worked diligently over the past four days.”

Goyal’s comments highlighted the pressure faced by the Kolkata Police, particularly amid widespread speculation and criticism regarding their handling of the case.

West Bengal Chief Minister Mamata Banerjee, on Thursday, 15 August, accused opposition parties of orchestrating the vandalism at Kolkata’s RG Kar Medical College and Hospital. She clarified that she does not blame the students or doctors for their protests, instead pointing fingers at certain political factions attempting to incite unrest.

“The police are investigating the incident. I have no grievances against the students or the protesting doctors. However, certain political parties are trying to stir trouble. If you review the footage, you’ll see what really happened,”

Banerjee stated.

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Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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