Today, On 22nd August, Members of the SCBA Executive Committee raised objections, arguing that a personal view presented as an official resolution regarding the RG Kar Hospital incident, in a statement signed by Kapil Sibal.
New Delhi: Members of the Executive Committee (EC) of the Supreme Court Bar Association (SCBA) addressed a letter to Senior Advocate Kapil Sibal, the President of the SCBA, following the issuance of a resolution on SCBA letterhead signed by Sibal concerning the incident at RG Kar Medical College and Hospital.
The EC members claimed that the resolution dated August 21, 2024, never presented to the EC for consideration. Notably, Kapil Sibal is representing the State of West Bengal and its Police in the Suo Moto case initiated by the Supreme Court in response to the tragic rape and murder incident.
The resolution, signed by Sibal as SCBA President, acknowledged the concern expressed by the Chief Justice of India regarding the “malaise prevailing in the country,” stating that,
“The incident at RG Kar Medical College was symptomatic of the malaise.”
The resolution further expressed,
“Hope that such incidents that have occurred throughout the country would not be repeated.”
The EC members have raised concerns about this resolution, stating,
“The purported resolution was not even placed before the EC,”
The Executive Committee Members who have written to Kapil Sibal today include Joint Secretary Sandeep Singh, Treasurer Sasmita Tripathy, Joint Treasurer Susheel Kumar Tomar, Senior Executive Members and Senior Advocates Pravin H. Parekh and Shobha Gupta, along with Executive Committee Members Vikas Bansal, Ashish Kumar Sinha, Shashank Shekhar, Yogmaya M.G., Anil C. Nishani, and Rachana Gandhi.
In their letter, they stated,
“We were not involved in any EC deliberation on the matter that led to this Resolution. We’ve also spoken with other EC Members, and they are equally surprised by the Resolution. This Resolution was neither presented to the EC nor discussed with any of us. It seems to present a personal view under your signature, which is being passed off as a Resolution of the entire Executive Committee.”
Among the signatories, three individuals Ashish Kumar Sinha, Pravin H. Parekh, and Susheel Kumar Tomar stated that their consent was obtained via WhatsApp. The letter, signed by eleven Executive Committee members, emphasized that a unanimous resolution should have been passed after consulting all EC members.
The letter also condemned the horrific incident at a prominent government medical college in Kolkata and expressed solidarity with the victims.
The resolution issued by Kapil Sibal stated,
“The Supreme Court Bar Association (SCBA) deeply appreciates the concern expressed by the Bench headed by the Hon’ble Chief Justice of India regarding the malaise prevailing in the country and the widespread violence against women in hospitals, including female interns and others. The SCBA supports the historic steps taken by the Hon’ble Supreme Court of India to address these concerns, particularly the measures to establish a policy framework and protocols to prevent such barbaric incidents from recurring. The events at R.G. Kar Medical College and Hospital are symptomatic of this malaise… Now that the investigation has been handed over to the Central Bureau of Investigation, we trust that justice will be served and the accused appropriately punished.”
On August 22, 2024, during the hearing of a suo moto criminal writ petition concerning the death of a postgraduate trainee doctor at R.G. Kar Medical College & Hospital on August 9, 2024, the Supreme Court expressed concern over the manner in which the West Bengal police had handled the case so far. During the hearing, Solicitor General Tushar Mehta criticized Kapil Sibal for allegedly laughing while discussing the tragic crime.
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In the previous hearing, the Court expressed disappointment with the State of West Bengal’s response to the vandalism at the protest site. The Court directed the formation of a “National Task Force” to recommend measures for ensuring the safety of medical professionals.
Additionally, the Court ordered the deployment of the Central Industrial Security Force (CISF) to protect resident doctors, especially female doctors, at RG Kar Hospital. The Court also raised concerns about the lack of institutional safety norms at medical facilities to protect against both violence and sexual violence.