The Central Bureau of Investigation (CBI), while talking about its probe into the rape-murder of a doctor at a Kolkata hospital, said, the crime scene was “altered” when they entered the investigation on day 5. CBI added the doctor’s family was misled with the suicide claim. The agency submitted a status report on the case in the Supreme Court today.
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NEW DELHI: The Central Bureau of Investigation (CBI), currently investigating the tragic rape and murder of a trainee doctor at Kolkata’s RG Kar Medical College and Hospital, informed the Supreme Court on Thursday that by the time they took over the investigation, crucial evidence had already been compromised.
The CBI was handed the case on the fifth day of the investigation, by which point, according to the agency,
“everything was altered.”
Solicitor General (SG) Tushar Mehta, representing the CBI, emphasized to the Supreme Court,
“CBI entered the probe on the fifth day and everything was altered by then.”
This statement was made as the central agency submitted its status report, following the Supreme Court’s directive earlier in the week.
The report highlighted significant discrepancies, particularly concerning the date and time records maintained by the Kolkata Police.
SG Mehta expressed the CBI’s concerns, stating,
“One aspect is the Daily Diary (GD) entry by Kolkata Police was made at 10:10 am, but the crime scene was secured only in the late evening. It’s disturbing.”
This delay in securing the crime scene, which was not cordoned off until late on the evening of August 9, several hours after the post-mortem had been conducted, was flagged as particularly problematic by the CBI.
“Kolkata rape-murder accused ‘sexual pervert with animal-like instincts’, shows no remorse”
-CBI
Sanjay Roy, the main accused in the rape and murder of a doctor in Kolkata, appears to be a “sexual pervert” who has shown no remorse during his questioning, CBI officers who are conducting his psychological evaluation have said.
Psychoanalysts who reviewed Roy’s statements and the postmortem report of the 31-year-old victim concluded that he possesses “animal-like instincts”.
The CBI also revealed that the former principal of RG Kar Medical College, who is currently under investigation, was involved in several financial irregularities, including the suspicious decision to rent surveillance cameras for the facility instead of purchasing them outright.
Senior Advocate Bikash Ranjan Bhattacharya, who is representing parents of the doctor raped and killed in a Kolkata hospital, said-
“The first phone call was received by the parents…saying their daughter was unwell.”
“After 30 minutes, one assistant superintendent called them up saying the victim had committed suicide,”
-he added.
Bhattacharya said-
“there’s a clear attempt to hide something”.
Kolkata Police Did Not Follow CrPC Rules: Supreme Court
During the proceedings, the Supreme Court questioned senior lawyer Kapil Sibal, who was representing the Bengal government, about the timing of the post-mortem.
Sibal responded-
“The autopsy was conducted between 6:10 and 7:10 pm.”
The court then pointed out that, given the circumstances of the death, it was clearly a case of unnatural death, and proper procedures under the Code of Criminal Procedure (CrPC) should have been followed.
The court further inquired about the timing of the inquest panchnama, a critical procedural document in cases of unnatural death. Following this line of questioning, the Supreme Court observed that the CrPC guidelines were not adhered to by the Kolkata Police in handling this case.
The court then directed Sibal to bring a responsible officer from the state government to clarify the sequence of events following the discovery of the body.
Justice JB Pardiwala, a member of the three-judge bench, expressed his dismay, stating,
“The entire procedure followed by your state (West Bengal) is something which I have not come across in the 30 years of my career.”
The Supreme Court also noted with concern that although the crime took place during the night, the crime scene was not secured until more than 18 hours later, around 7 pm on August 9, after the post-mortem had already been completed.
The court remarked,
“See it is clear that an unnatural death case was registered at 11:30 pm after the officer came back to the police station. This is after the post-mortem.”
The apex court then orally suggested that the CBI investigate this irregularity as part of its broader probe.
Case Diary
The case revolves around the rape and murder of a trainee doctor at Kolkata’s RG Kar Medical College and Hospital on August 9. The incident has sparked widespread protests across the nation, with demonstrators demanding swift and thorough investigation and justice for the victim.
Amid these protests, on August 14, a group of miscreants entered the premises of the state-run hospital and vandalized parts of the facility where the victim’s body was discovered. Prior to this, on August 13, the Calcutta High Court had ordered the transfer of the investigation from the Kolkata Police to the CBI, citing concerns over how the case was being handled.
The shocking nature of the crime and the subsequent handling of the investigation have deeply unsettled the country, leading to nationwide calls for immediate action and accountability.
![[BREAKING] "Crime Scene Was Altered When We Began Probe on Day 5 of Doctor's Rape-Murder": CBI Tells SC](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/08/image-270.png?resize=820%2C496&ssl=1)
EARLIER TODAY IN APEX COURT
Chief Justice of India DY Chandrachud made a heartfelt appeal to doctors who are protesting against the brutal rape and murder of a trainee doctor in Kolkata, urging them to return to work.
He assured the protesting doctors that no adverse actions would be taken by the hospitals upon their return.
“Let them all return to work… we will pass some general order. Once doctors resume duties, we will prevail upon authorities to not take adverse actions. How will public administrative structure run if they don’t resume work?”
-Chief Justice Chandrachud stated.
In addition to addressing the immediate concerns of the protest, the Supreme Court also acknowledged the challenging conditions faced by resident doctors in public hospitals, particularly the issue of excessively long duty hours.
“Committee (National Task Force) will ensure it will hear all representatives. We will reiterate that in our order…Our hearts go out to all those going to Public hospitals. We will make a statement that resident doctors will be heard, you stakes and inputs are very high.”
-CJI
“If we start asking representatives of various stakeholders to be part of the committee, then work of the committee gets dislocated…We know that the committee has senior women doctors, and they have dedicated life to public health infrastructure…The committee will hear everyone..interns, residents, senior residents, nurses, paramedical staff.. committee will ensure that all representatives are heard.”
-Court added.
![[BREAKING] "Crime Scene Was Altered When We Began Probe on Day 5 of Doctor's Rape-Murder": CBI Tells SC](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/08/image-249.png?resize=820%2C460&ssl=1)
“If there is difficulty after that, then come to us, but let them first report to work,”
-the Supreme Court bench said.
The nationwide protest by resident doctors entered the 11th day on Thursday, affecting patient services in several hospitals. Doctors are seeking the implementation of the Central Protection Act for the safety and security of healthcare professionals.
The Chief Justice also said the national task force set up by the court would consult all stakeholders, including the resident doctors, before suggesting guidelines on the safety of doctors at their workplaces.
“The duty is almost 48 hours, then you are neither in a physical or mental state to resist if somebody is teasing you. I’am not even going on about serious crimes.”
-CJI
The Supreme Court also took note of the long duty hours of resident doctors at public hospitals. The Chief Justice said he had himself once slept on the floor of a hospital.
The Kolkata trainee doctor was raped and killed at RG Kar Hospital’s seminar room where she had gone to rest after a gruelling 36-hour shift.
“There is a hierarchical nature in public hospitals and junior doctors are susceptible to different kinds of harassment and not just sexual harassment. We have been flooded with email…48 or 36 hours of duty is not good,”
-the Chief Justice remarked, highlighting the systemic issues that exacerbate the difficulties faced by junior doctors.
“Please reassure the doctors that we recognize their commitment, as they often work 36-hour shifts. I have personally experienced the dedication of healthcare workers, having slept on the floor of a public hospital when a family member was ill.”
-CJI made a heartfelt appeal
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