Today(on 4th September), The Calcutta High Court has deferred proceedings in the RG Kar Medical College rape and murder case following a petition to remove the Police Commissioner for disclosing the victim’s identity, violating a Supreme Court judgment. The case is being reviewed by Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya.
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KOLKATA: Today(on 4th September), An advocate has filed an application seeking the dismissal of the Commissioner of Police, alleging a breach of Supreme Court directives. The application contends that the Commissioner violated the court’s judgment by publicly revealing the victim’s identity.
This disclosure, the advocate argues, not only disregards the legal requirements set by the Supreme Court but also compromises the confidentiality intended to protect the victim. The advocate asserts that such an act is both unethical and illegal, warranting the Commissioner’s removal from office.
The Calcutta High Court has decided to defer its proceedings. The case is currently under the scrutiny of both the High Court and the Supreme Court of India. The High Court’s decision to defer comes amidst a series of legal maneuvers and public controversies, including the public disclosure of the victim’s identity by the Commissioner of Police.
The RG Kar Medical College rape and murder case has become a focal point of legal and public discourse in West Bengal. The gravity of the crime, involving a heinous act of violence against a young woman, has led to multiple writ petitions being filed in the Calcutta High Court. The case has sparked widespread outrage, and the legal proceedings have attracted considerable media coverage.
Bench Composition and Courtroom Proceedings
The case is currently being heard by a bench comprising Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya. During the recent hearing, an advocate representing one of the petitioners raised an application seeking the removal of the Commissioner of Police. The application was grounded in the argument that the Commissioner had violated a Supreme Court judgment by publicly disclosing the identity of the victim, an act that is not only unethical but also illegal under Indian law.
Chief Justice TS Sivagnanam responded to the advocate’s request with a cautious approach, emphasizing the need for judicial decorum and propriety in handling such sensitive matters. He suggested that the issue be addressed in the upcoming Supreme Court hearing, stating:
“Why don’t you address this issue in tomorrow’s Supreme Court hearing?”
When the advocate responded that they were attending the Supreme Court hearing but for a different cause, Chief Justice Sivagnanam reiterated the importance of judicial restraint and deferred the matter:
“Judicial decorum and propriety necessitate that we defer this matter. We will revisit it in a week or two. In the meantime, the Supreme Court has requested reports from the CBI and the State of West Bengal, making it inappropriate to proceed at this moment.”
The Supreme Court of India has taken cognizance of the case and has sought reports from both the Central Bureau of Investigation (CBI) and the State of West Bengal. This development has further complicated the proceedings in the Calcutta High Court, as any decision by the High Court could potentially interfere with the ongoing review by the Supreme Court.
Chief Justice Sivagnanam acknowledged this concern and hinted at the possibility of additional applications being filed by the state government:
“We have read in the news that the state government is filing some applications. Let’s wait to see how things unfold in the Supreme Court.”
