While hearing of a suo moto criminal writ petition concerning the death of a postgraduate trainee doctor at R.G. Kar Medical College & Hospital, Kolkata, the Supreme Court today expressed concern about the manner in which the West Bengal police has handled the case so far. The Bench expressed deep concerns over the procedure followed by the Kolkata police. “The entire procedure that has been followed by the State Police is something that I have not come across in my 30 years of career,” Justice Pardiwala remarked.
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NEW DELHI: In a hearing concerning the tragic death of a postgraduate trainee doctor at R.G. Kar Medical College & Hospital in Kolkata on August 9, 2024, the Supreme Court expressed serious concerns about the manner in which the West Bengal police have handled the case.
The Bench, led by Chief Justice of India DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra, scrutinized the procedural lapses by the Kolkata police. Justice Pardiwala remarked,
“The entire procedure that has been followed by the State Police is something that I have not come across in my 30 years of career,”
-underscoring the severity of the issue.
At the outset of the hearing, Counsel for AIIMS Nagpur informed the Bench that resident doctors were facing punitive measures, including being marked absent and barred from exams, due to their participation in protests.
“One aspect is extremely disturbing, the GD (general diary) entry of death is recorded at 10:10 AM… the securing of the crime scene, the seizures etc was done at 11:30 at night? what all was happening by then?”
-CJI On State’s Role In RG Kar Hospital Rape-Murder Case
The Counsel requested leniency from the Court regarding these exam-related matters. Chief Justice Chandrachud assured the Counsel that no adverse actions would be taken against doctors if they returned to work, stating,
“Let them all return to work. We will pass some general order; please be rest assured that 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?”
Counsel for PGIMER Chandigarh Doctors also reported that resident doctors who had participated in a rally had returned to work, though their casual leaves had been canceled.
The CJI reiterated the importance of doctors returning to their duties and reassured them that their concerns would be addressed by the National Task Force (NTF) Committee, stating,
“The National Task Force (NTF) Committee will ensure it will hear all representatives, we will reiterate that in our order.”
He further remarked,
“Our hearts go out to all those going to public hospitals; we will make a statement that resident doctors will be heard, your stakes and inputs are very high.”
Senior Advocate Vijay Hansaria, representing the Delhi Medical Association (DMC), urged the Court to consider additional measures, including a distress call system on watches, institutional FIR filing procedures for families, and the fast-tracking of cases.
Solicitor General (SG) Tushar Mehta, appearing for the CBI, flagged several issues from the CBI’s status report, particularly discrepancies in the date and time recordings by the Kolkata police.
Upon reviewing the CBI’s status report, the CJI requested details on the deceased victim’s report. SG Mehta noted that by the time the CBI took over the investigation on the fifth day,
“everything was altered.”
He highlighted that the FIR was only lodged at 11:45 pm, after the victim’s cremation, and that the victim’s parents were initially misled about the cause of death, being told that she was sick and then that she committed suicide, only to later learn that she was murdered.
Mehta added that the senior doctors and colleagues of the victim, who had requested videography, believed there was a cover-up.
In defense, Senior Advocate Kapil Sibal, representing the State of West Bengal, claimed that they had recorded everything, including the timings of the events, and that nothing had been altered. However, the CJI pointed out that while there was a recording of the post-mortem, there was no recording of the crime scene itself.
SG Mehta then brought to the Court’s attention a 2023 complaint related to the case, to which Sibal requested a copy, asserting that if it were a formal complaint, it would be public record.
The CJI expressed deep concern over the delay in securing the crime scene, noting,
“There is one aspect that is very disturbing, Mr. Sibal. The UD entry of unnatural death is recorded at 10:10 AM; the securing of the crime scene, the seizures, etc., were done at 11:30 at night. What was happening by then?”
Justice Misra echoed these concerns, emphasizing that the post-mortem was conducted in the evening, but the UD entry was not recorded until much later. Sibal defended the state’s actions, citing minute-by-minute videographic evidence, but Justice Pardiwala questioned the timeline, particularly how the post-mortem could precede the registration of the unnatural death.
The Court asked Sibal to ensure that a responsible police officer involved in the investigation be present to answer queries at the next hearing. Justice Pardiwala reiterated his concerns, stating,
“The entire procedure that has been followed by the State police is something that I have not come across in my 30 years of career.”
He specifically questioned the role of an Assistant Superintendent Non-Medical, whose conduct was deemed “very doubtful.”
During the hearing, the CBI’s Joint Director was present in Court, and Senior Advocate Bikashranjan Bhattacharya represented the victim’s family. Sibal informed the Bench that the original case diary had been handed over to the CBI as soon as the Calcutta High Court ordered the transfer of the investigation, and he also submitted an affidavit to both the Court and the CBI.
Sibal’s remarks on the affidavit’s contents were met with concern, particularly given the gravity of the case and the ongoing protests. SG Mehta pointed out that the case had already gained significant attention on social media, which Sibal acknowledged, warning of potential protests during the upcoming hearing on August 27.
![[BREAKING] "I Have Not Come Across The Procedure Followed By Police In My 30 Years Career": SC Expresses Concerns On State's Role In RG Kar Hospital Rape-Murder Case](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/07/CJI-6.jpg?resize=820%2C317&ssl=1)
In its previous hearing, the Supreme Court had criticized the State of West Bengal for its handling of the vandalism at the protest site and directed the formation of a “National Task Force” to recommend measures for ensuring the safety of medical professionals. The Court also ordered the deployment of the Central Industrial Security Force (CISF) to protect resident doctors, especially female doctors, at RG Kar Hospital.
The Apex Court had earlier expressed disappointment over the lack of institutional safety norms at medical establishments, addressing concerns over both violence and sexual harassment. It also ordered the immediate removal of all social media content referencing the name, photos, and videos of the victim.
The tragic case, which has shaken the nation, prompted a letter from Advocate Ujjawal Gaur of the Supreme Court Bar Association to Chief Justice DY Chandrachud, urging the Court to take suo moto cognizance of the matter. The letter emphasized the need for the highest court to intervene with the urgency and gravity the situation demands, stating,
“The nation looks to the judiciary as the ultimate guardian of justice, the last refuge for those whose cries have been silenced by brutality.”
Recently, the Calcutta High Court ordered the transfer of the investigation from the Kolkata Police to the CBI in response to public interest litigations (PILs) alleging mishandling by state authorities. Petitioners claimed that there were visible injuries on the victim’s body, including the private parts, and that her death was due to rape and murder by multiple offenders.
The Chief Minister of West Bengal had also stated that the state had no objection to the CBI taking over the investigation.
Earlier, the High Court had questioned the state government’s urgency in carrying out renovation work near the crime scene immediately after the incident.
The state’s counsel claimed the work was unrelated to the crime scene, but the Court ordered a detailed reply on various aspects of the case by August 20, with the next hearing scheduled for August 21.
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