Today(on 22nd August),The Supreme Court resumed its hearing on the Kolkata doctor’s rape and murder case, with CJI DY Chandrachud criticizing the CBI for relying on unreliable social media information in its arguments.
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NEW DELHI: Today(on 22nd August), The Supreme Court of India resumed its hearing on the horrific rape and murder case involving a 31-year-old postgraduate doctor from Kolkata’s RG Kar Medical College and Hospital on Thursday. This case, which has garnered significant public attention, took a new turn as Chief Justice of India (CJI) DY Chandrachud openly criticized the Central Bureau of Investigation (CBI) for basing its arguments on unreliable information from social media.
During the session, the Chief Justice strongly dismissed the theory regarding “151-gm semen” allegedly found inside the victim’s body. He emphasized the importance of relying on factual evidence, rather than social media speculation, for arguments presented before the court.
Addressing the CBI counsel, CJI Chandrachud remarked-
“We have the actual autopsy report in front of us and understand what the 150 gm refers to. Please refrain from using social media as a basis for your arguments.”
The hearing also brought to light the distressing conditions under which doctors at the hospital were working, with many participating in protests following the incident. The Chief Justice made a heartfelt appeal to the protesting doctors to resume their duties, reassuring them that no punitive action would be taken against them.
He stated-
“Let them all return to work. We will issue a general order and assure you that once the doctors resume their duties, we will ensure authorities do not take adverse actions. How will the public administrative structure function if they don’t return to work?”
CBI’s Investigation and Involvement of Sanjoy Roy
A three-judge bench, comprising CJI Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, presided over the hearing. The CBI submitted a status report to the Supreme Court, revealing shocking details about the case. According to the report, the crime scene had been tampered with, and the victim’s family was misled about the nature of their daughter’s death, initially passed off as a suicide.
Further investigation by the CBI suggested the involvement of a single suspect, Sanjoy Roy, who was arrested in connection with the crime. Roy, a civic volunteer with Kolkata Police, was apprehended just a day after the semi-naked body of the young doctor was discovered inside the seminar hall of RG Kar hospital on August 9.
The Supreme Court also addressed concerns regarding the formation of a National Task Force to ensure the interests of all stakeholders in the healthcare sector are heard.
CJI Chandrachud assured-
“The National Task Force will ensure that all representatives are heard. We will emphasize this in our order. Our hearts go out to those relying on public hospitals. We will state that resident doctors will be heard, as your stakes and inputs are crucial.”
He further elaborated on the composition and function of the committee, ensuring that it would consider the perspectives of various stakeholders without hindering its operations.
“If we start including representatives of various stakeholders in the committee, it could disrupt its work. We are aware that the committee includes senior women doctors who have dedicated their lives to public health infrastructure. The committee will hear everyone—interns, residents, senior residents, nurses, paramedical staff—and will ensure that all voices are heard.”
– he said.
The Chief Justice also acknowledged the grueling working conditions faced by healthcare workers, empathizing with their plight.
He made a personal reference to his own experiences, stating-
“Please reassure the doctors that we understand they are working 36-hour shifts. I have personally slept on the floor of a public hospital when a family member was unwell.”
He added-
“When the duty stretches to nearly 48 hours, you’re neither physically nor mentally able to resist if someone harasses you. I’m not even mentioning more serious crimes.”
The Supreme Court also raised serious concerns about the procedural delays and inconsistencies in handling the case by the state authorities. In a particularly pointed exchange, CJI Chandrachud questioned the timeline of events surrounding the victim’s death.
He remarked to senior advocate Kapil Sibal-
“One aspect is extremely troubling: the general diary entry of the death was recorded at 10:10 am, but the crime scene was secured and seizures were made only at 11:30 pm. What was happening in the meantime?”
The Chief Justice further criticized the state’s handling of the case, expressing disbelief over the procedures followed.
“The entire procedure followed by your state is unlike anything I’ve encountered in my 30 years of experience. First, is it true that the unnatural death (UD) was recorded at 10:30 am? Second, who is this assistant superintendent, a non-medical person? Her conduct raises serious doubts. Why did she act in this manner?”
– he questioned.
The court also demanded clarity on the sequence of events following the registration of the unnatural death (UD) case.
“Please ensure a responsible police officer is present here. We still haven’t received an answer regarding when the UD case was registered.”
– the Chief Justice directed.
Adding to the scrutiny, he further questioned-
“If the report shows that after the body was handed over to the mother and the return to the police station was recorded, the GD entry 861 was made at night, how can the inquest report refer to the UD before that?”