Chief Justice of India DY Chandrachud Today (Aug 20) expressed deep concerns at the fact that the name of the victim, photographs and video clips showing the dead body have been spread all over the media. “This is extremely concerning,” CJI said. The Court ordered the Central Industrial Security Force (CISF) to provide security to the hospital and the hostel. Kapil Sibal said that the State has no objection to this.
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NEW DELHI: During the hearing of the suo motu case concerning the rape and murder of a doctor at RG Kar Hospital in Kolkata, the Supreme Court on Tuesday, August 20, sharply questioned the West Bengal Government and the police regarding their handling of the case.
Chief Justice of India (CJI) DY Chandrachud began by expressing serious concerns over the widespread dissemination of the victim’s name, photographs, and video clips showing the deceased’s body in the media.
“This is extremely concerning,”
-CJI remarked, reflecting the Court’s alarm over such violations of privacy in sensitive cases.
In response, Senior Advocate Kapil Sibal, representing the State of West Bengal, clarified that these images were taken and circulated before the police arrived at the scene.
The Court further interrogated the State about the conduct of the hospital’s Principal, the delay in registering the First Information Report (FIR), and the acts of vandalism that occurred during public protests at the hospital on August 14.
“After the crime was detected in the early hours of the morning, the Principal of the hospital tries to pass this off as a suicide. The parents are not allowed to see the body for a few hours…”
-CJI Chandrachud stated, criticizing the hospital’s initial response to the incident. Sibal countered, saying that this was incorrect information and assured the Court that the State would provide a full account of the facts.
CJI Chandrachud also questioned the rationale behind assigning the former Principal, who had resigned from RG Kar Hospital, to another hospital, implying that such a decision was questionable given the circumstances.
The timing of the FIR also came under scrutiny. Sibal explained that an “Unnatural Death” case was initially registered, and there was no undue delay in filing the FIR. However, CJI Chandrachud pointed out the timeline, noting that the autopsy was conducted between 1 PM and 4:45 PM, the body was handed over to the parents at around 8:30 PM, yet the FIR was only registered at 11:45 PM.
“FIR is registered at 11:45 at night? Nobody at the hospital registers the FIR? What were the authorities at the hospital doing? Doesn’t autopsy reveal the victim was raped and murdered?”
-the CJI questioned.
Continuing his pointed inquiries, CJI asked,
“What was the principal doing? Why first it was attempted to pass off as suicide?”
Sibal responded by highlighting the prompt arrest of the accused, a civic worker, by the Kolkata police, adding that the arrest was facilitated by evidence such as the accused’s Bluetooth device being found at the crime scene.
The Court also addressed the issue of vandalism during the August 14 protests at the hospital.
“Hospital is invaded by the mob! Critical facilities were damaged. What was the police doing? The first thing the police have to do is to secure the crime scene,”
-CJI Chandrachud stated.
Solicitor General of India Tushar Mehta added that a mob of 7,000 people could not have assembled without the knowledge and possible connivance of the police. The bench expressed its inability to understand how the authorities failed to manage the vandalism, with CJI noting that the police’s responsibility was to protect the crime scene.
Sibal reported that over 50 FIRs had been registered in connection with the vandalism and that 37 individuals had been arrested. However, the Solicitor General expressed surprise at the number of FIRs, suggesting it might be a tactic to complicate the investigation.
The Supreme Court also emphasized the need for restraint in dealing with peaceful protesters.
“Let not the power of the State of West Bengal be unleashed upon peaceful protesters. Let us deal with them with great sensitivity. This is a moment for national catharsis,”
-CJI Chandrachud stated, urging the State to be cautious in its response to public dissent.
In light of security concerns, Senior Advocate Aparajita Singh, representing the organization “Protect the Warriors,” informed the Court that women doctors at RG Kar Hospital had been threatened by a mob that returned after the vandalism incident, warning them that they could face the same fate as the rape victim if they complained.
The Court took serious note of this, with CJI expressing grave concern and questioning the police’s failure to protect the doctors. Justice Pardiwala further questioned whether the same police could be trusted to ensure the safety of the doctors.
Consequently, the Court decided that the Central Industrial Security Force (CISF) would take over security at the hospital and its hostels.
CJI Chandrachud noted,
“It is essential to create safe conditions for the doctors so as to return to their duties, so that they not only pursue their medical education but also administer medical care.”
The Court ordered the CISF to be deployed in sufficient strength to guard RG Kar Medical College, including the hostels. Sibal indicated that the State had no objection to this decision.
The Court also invited doctors with safety concerns to directly communicate with the Registrar Judicial of the Supreme Court via email. Additionally, the Court directed the Central Bureau of Investigation (CBI) to submit a status report on the investigation by Thursday, August 22, and asked the State of West Bengal to report on the investigation into the acts of vandalism.
The case stems from the horrific discovery of the post-graduate trainee doctor’s body in RG Kar Hospital’s seminar room on August 9. The next day, Kolkata Police arrested a civic volunteer in connection with the crime.
The Calcutta High Court, dissatisfied with the Kolkata Police’s investigation, transferred the case to the CBI on August 13, following petitions from the victim’s parents and other individuals. The High Court also criticized the West Bengal authorities for their handling of the vandalism during the protests on August 14.
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