Today( 9th September), The Supreme Court noted the missing document required for the post-mortem in the Kolkata doctor’s rape and murder case. Chief Justice DY Chandrachud raised concerns about procedural handling due to the absence of this crucial challan.
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NEW DELHI: Today( 9th September), The Supreme Court of India brought attention to a missing document essential for conducting the post-mortem in the Kolkata doctor’s rape and murder case. Chief Justice of India (CJI) DY Chandrachud, while presiding over the case, questioned the absence of the vital challan—a document necessary for the transfer of the body for an autopsy. This document’s absence has raised multiple concerns about the procedural handling of the case.
Chief Justice Chandrachud specifically addressed the issue of the challan during the hearing. He raised the question-
“Where is the challan?”
and emphasized its importance by stating that the post-mortem team would not proceed without the challan.
“An autopsy cannot be carried out without it,”
-the Chief Justice remarked.
Senior Advocate Kapil Sibal, representing the West Bengal government, admitted that he was unable to locate the document immediately.
He assured the court, saying-
“We will submit it to the court. I have been informed that the Chief Judicial Magistrate filled it out personally and sent it.”
However, the delay in producing this document has added to the uncertainty surrounding the handling of the victim’s body.
The query about the challan arose after one of the advocates involved in the case questioned whether the victim’s clothes were examined during the autopsy. This led the Chief Justice to ask whether the necessary documentation was in place when the body was handed over for post-mortem. The Chief Justice, after hearing Mr. Sibal’s initial response, emphasized the critical nature of this document by saying-
“It is important because it includes a section detailing the clothes and items sent with the body, which we need to review.”
Further highlighting the procedural importance, the Chief Justice added-
“The post-mortem team will not accept the body without the challan, which is why we need to review it.”
Justice JB Pardiwala, a member of the three-judge bench also comprising Justice Manoj Misra, further examined the issue.
He pointed out inconsistencies in the post-mortem report by noting-
“Look at the third column at the top; the constable who brought the body was supposed to carry this form, but it has been crossed out. There is no reference to this challan when the body is sent for examination. You need to explain why this document is missing, as it indicates something might be amiss.”
The missing document raises serious questions about whether the autopsy was conducted properly and whether key evidence might have been mishandled. This issue is particularly significant, given that the post-mortem cannot legally proceed without the required documentation.
Solicitor General Tushar Mehta, representing the Central Bureau of Investigation (CBI), also raised doubts about the handling of the document. He suggested the possibility that the document could have been created after the fact.
“In the absence of mention in the post-mortem report, it cannot be ruled out that the document may have been created subsequently.”
-he said.
Kapil Sibal, representing the West Bengal government, firmly denied this implication, stating-
“Nothing is being created subsequently. We will file an affidavit.”
The Supreme Court has now ordered the CBI to submit a fresh report on the matter by next Tuesday, further delaying the resolution of this sensitive case.
Another crucial point of discussion during the hearing revolved around the forensic examination of the victim’s body. The CBI raised concerns regarding who had collected forensic samples, a key element in understanding the crime scene and the subsequent investigation.
Solicitor General Mehta remarked-
“Who collected the samples has emerged as a relevant question.”
The Solicitor General further noted that the CBI had taken proactive measures to ensure accurate forensic testing by sending samples to the All India Institute of Medical Sciences (AIIMS) in Delhi.
He explained-
“We have the forensic examination report, which confirms that when the girl was found at 9:30 am, her jeans and undergarments were removed and lying nearby. She was found semi-nude with injury marks on her body. Samples were collected and sent to the CFSL in West Bengal. The CBI has decided to forward the samples to AIIMS.”
In a significant statement, the Solicitor General added-
“Since the girl was found nude and the FSL report indicates this, it is important to determine who collected the samples.”
This statement hints at key forensic findings that have not been publicly disclosed but are crucial to understanding the nature of the crime.
During the proceedings, the delay in filing the First Information Report (FIR) was also discussed.
The Chief Justice pointed out-
“There is a delay of almost 14 hours in recording the FIR. It is very clear.”
This delay has been a contentious issue, as it could have impacted the initial stages of the investigation and the collection of crucial evidence.
The Supreme Court has given a deadline until 5 PM on Tuesday for doctors to return to their duties. The protests have severely impacted medical services across various hospitals, causing concern about the availability of healthcare.
A bench led by Chief Justice of India (CJI) DY Chandrachud issued a statement, emphasizing the need for medical professionals to resume work while the state continues to take measures for their safety.
“The state, in its affidavit, has stated that funds have been allocated for implementing safety measures, which will be monitored by District Collectors.”
-the Chief Justice said.
In an attempt to instill confidence among the protesting doctors, the court made it clear that no punitive measures would be taken if they return to work by the given deadline.
“To build confidence, we state that if doctors report to work by 5 PM tomorrow, no adverse actions will be taken against them.”
-the CJI added.
However, the court also issued a warning regarding future consequences if the doctors fail to comply and continue their protest.
“If there is continued abstention from work despite the facilities provided, there is a likelihood of action in the future.”
-said the Chief Justice, indicating that while the court understands their grievances, essential medical services cannot be disrupted indefinitely.
“Take Down Pictures Of Victim From Social Media”
-Supreme Court
The top court also directed the immediate removal of photographs of the victim from all social media platforms and posted further hearings on the case on September 17.
