[RG Kar Rape-Murder] “Parents Disturbed by the Repeated Circulation”: CJI Orders Protection of Victim’s Identity Amid Social Media Clips

Today, September 30, the Chief Justice of India (CJI) Chandrachud said that the parents of the deceased of RG Kar rape & murder are disturbed by the repeated clips circulating on social media that reference photos and reels. He added that in addition to these clips, videos have also become widespread. The earlier order has been clarified to apply to all intermediaries, reiterating that no intermediary shall be permitted to display the name or images that reveal her identity.

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NEW DELHI: The Chief Justice of India (CJI) DY Chandrachud expressed concerns about the ongoing circulation of disturbing content related to a deceased individual. The content, widely shared across social media platforms, includes photos and video reels that reference the victim, causing great distress to the parents of the deceased.

The bench also comprising Justice JB Pardiwala and Justice Manoj Misra, said in addition to these images, videos of the victim have also proliferated online, further exacerbating the family’s anguish.

The Supreme Court has clarified an earlier order, which applies to all intermediaries, including social media platforms. The court reiterated that

“no intermediary shall be permitted to display the name or images that reveal her identity.”

This move aims to ensure that the privacy of the victim is upheld and to prevent further emotional distress to the victim’s family.

Concerns Over Upcoming YouTube Movie

Vrinda Grover, the lawyer representing the victim, raised a pressing issue during the proceedings. She informed the court about a YouTube movie set to be released the following day, claiming that it is based on the victim’s tragic story. In response, Chief Justice of India DY Chandrachud advised that if the release of the film needs to be halted,

“the appropriate legal recourse should be pursued.”

Grover further suggested that appointing a nodal counsel could be beneficial. This appointed individual could offer more detailed insights and guidance on the evolving situation concerning the movie release.

Legal Enforcement of Social Media Content Restrictions

During the court session, a lawyer raised concerns about the alarming volume of social media posts that continue to disclose the victim’s name and photos, despite legal orders.

The CJI, emphasizing the court’s stance, responded by stating,

“We have passed the order; now it is solely upon law enforcement to enforce it.”

This statement underscores the court’s commitment to ensuring that its directives are adhered to, placing the onus of enforcement on relevant legal authorities.

Accountability for Disclosing Victim’s Identity

Senior advocate Mahesh Jethmalani brought up another critical issue during the hearing. He pointed out that, despite the sensitive nature of the case, no First Information Report (FIR) has been filed against the police commissioner who allegedly disclosed the victim’s name.

“No FIR has been filed against the police commissioner who disclosed the victim’s name”

-Senior Advocate Jethmalani Tells SC

In response to this concern, the High Court indicated that the matter would be addressed by the Supreme Court, signaling that further actions may be taken to hold those responsible accountable.

The Supreme Court’s actions in this case emphasize the importance of safeguarding the dignity and privacy of victims, while also addressing the responsibilities of law enforcement and media intermediaries in protecting sensitive information from unwarranted exposure.

PREVIOUSLY IN APEX COURT

The Supreme Court on Sept 17 firmly stated that the West Bengal government cannot prevent women doctors from working night shifts or shifts exceeding 12 hours. The court underscored that women are not seeking concessions but rather equal opportunities in the workplace. This statement was made during the hearing of a suo motu case concerning the rape and murder of a junior doctor at the state-run RG Kar Medical College and Hospital in Kolkata.

A bench led by Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, expressed strong disapproval of the state’s recent security measure that aimed to avoid assigning night duties to women doctors.

CJI Chandrachud condemned the state’s action and emphasized the need for equal treatment of female professionals.

“How can that be? Women do not want concessions, but equal opportunities… women doctors are willing to work in all conditions. They must work in all conditions… State of West Bengal has to correct it. You cannot say that women doctors cannot work beyond 12-hour shifts and not at night… armed forces, etc. all work at night, which includes women,”

-he said.

Solicitor General Tushar Mehta also contributed, stating that if the West Bengal government was unwilling to provide the necessary security, the Central government would step in to offer protection for women doctors.

Senior Advocate Kapil Sibal, representing the West Bengal government, responded by confirming that the state would issue a new notification to rectify the decision. He explained that the restriction on women doctors’ night shifts was a temporary security measure implemented in response to recent concerns.

CJI Chandrachud, however, remained resolute, affirming that it is the state’s duty to ensure the safety of all women and that no woman in India should be restricted from working at night.

“We cannot tell any woman today in our country, who is in the workforce, that you will not work at night,”

-he remarked.

The court’s comments came in the context of a suo motu case regarding the brutal rape and murder of a 31-year-old resident doctor at RG Kar Medical College on August 9. The doctor was discovered dead in the college’s seminar hall, and an autopsy confirmed she had been raped and murdered.

This tragic incident has ignited nationwide outrage, with protests erupting across the country. Medical professionals have staged strikes demanding stricter laws and improved security to protect doctors and healthcare workers.

The investigation into the case has been handed over to the Central Bureau of Investigation (CBI), following an order from the Calcutta High Court, which transferred the case from the Kolkata Police to the central agency.

The Supreme Court on Tuesday refused to entertain an application that sought the resignation of West Bengal Chief Minister Mamata Banerjee.

Chief Justice of India (CJI) DY Chandrachud made it clear that the request was outside the scope of the court’s jurisdiction.

During the proceedings, a counsel raised an Interim Application (IA) requesting the court to direct the Chief Minister to resign.

This prompted a strong response from Chief Justice of India (CJI) DY Chandrachud.

CJI Chandrachud stated,

“Please listen carefully. This is not a political forum. As a bar member, you are expected to adhere to legal discipline, not to provide personal affirmations. Your opinion on political figures is irrelevant here. Your application is outside our jurisdiction. Look, I am sorry, I will have you removed from this court.”

This strong rebuke emphasized the court’s role as a legal institution, focusing on law and constitutional matters, and its refusal to entertain politically charged requests outside its legal authority.

The Supreme Court of India on Tuesday refused to stop the live streaming of the proceedings in the suo motu case concerning the rape and murder of a postgraduate medical student at Kolkata’s RG Kar Medical College and Hospital.

The court emphasized that the matter was of public interest, and the public has the right to be informed about the developments in the courtroom.

A bench consisting of Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra reviewed the report submitted by the Central Bureau of Investigation (CBI) and expressed concern that revealing the current status of the investigation could jeopardize further progress.

“This is a matter of public interest and the public must know what is transpiring in the courtroom.”

– the Bench said

During the hearing, Senior Advocate Kapil Sibal, representing the West Bengal government, requested the court to halt the live streaming of the proceedings. He raised alarming concerns, alleging that female lawyers from his chambers were receiving threats of acid attacks and rape in connection with the case.

In response, the top court assured Sibal that it would intervene if any real threats were made against lawyers or anyone involved in the case, offering to take appropriate protective measures.

“There are threats to women in my chamber and then there are posts about me laughing. When did I laugh. It is being said that acid will be thrown at them and raped etc. People on the ground are saying this,” 

-Sibal said.

“If there are any such threat to any man or woman, we will step in,” 

-the Bench reassured.

Sibal said that the reputation built by lawyers over 50 years is being destroyed overnight.

“I have great concerns at what is happening.. When a matter is livestreamed like this which has emotive implications. We are not here for the accused. We appear for the State and as soon as the court is making a comment our reputation is getting destroyed over night. It is 50 years of reputation. In Swapnil Tripathi case, it was held such cases should not be livestreamed,” 

-Sibal said.

Hence, he requested that live hearing of the matter should be halted but the Court refused to accede to that request.

“We will not stop the livestreaming. It is in public interest,” 

-the CJI remarked.

“What the CBI has revealed in its investigation is very disturbing. We are ourselves very disturbed by what we have read.”

-SC bench led by CJI Chandrachud

The medic’s body, which bore severe injury marks, was discovered on August 9. The next day, the Kolkata Police arrested a civic volunteer in connection with the crime. However, following a Calcutta High Court order on August 13, the case was transferred from the Kolkata Police to the CBI. The CBI commenced its investigation on August 14.

The hearing is still ongoing as the court continues to review the details of the case, which has attracted national attention due to its severity and the demands for justice from the medical community and the public.

The Rape-Murder That shocked The Country

The 31-year=old doctor was raped and murdered at the Kolkata hospital on August 9. Her partially clothed body was found at the hospital’s seminar room the next morning.

The prime suspect, who has been arrested, is Sanjoy Roy, a civic volunteer with the Kolkata Police, who was stationed at the police outpost at the hospital and had access to all departments.

But the investigation had left too many questions unanswered — including the various distorted versions told to the parents one of which was the claim that their daughter has died by suicide.

There were also allegations that the police had forced the cremation despite the parents’ unwillingness and one officer had even offered them money to bury the case.

There was the construction near the site of the crime, mob attack on the protesters at RG Kar hospital on the night of August 15 and the transfer of Sandip Ghosh to a top hospital hours after he submitted his resignation.

The courts questioned why the former principal had not file a complaint for a timely First Information Report, the lapses in postmortem report and the associated papers. The case was handed to the CBI, which first arrested Ghosh in connection with the parallel corruption case they are investigating and then for alleged evidence tampering.

The sequence of events led to spiralling protests that spread across the country, already outraged over the shocking crime.

Click Here to Read Previous Reports on Rape & Murder of a Doctor in Kolkata

Click Here to Read Previous Reports on CJI

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