The Supreme Court Today (Sept 9) asked the Central Bureau of Investigation (CBI) to file a fresh report in the Kolkata rape-murder case next Tuesday after the central agency flagged the forensic report in the case and said “who collected the samples” has emerged as a relevant question.
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NEW DELHI: The Supreme Court today directed the Central Bureau of Investigation (CBI) to submit a fresh report regarding the Kolkata rape-murder case by next Tuesday. This comes after the CBI raised concerns about the forensic report in the case, with the central agency stating that a crucial question has emerged: “who collected the samples.”
The Bench, led by Chief Justice of India DY Chandrachud and comprising Justices JB Pardiwala and Manoj Misra, order follows the central agency’s focus on clarifying key forensic details, which could be vital to the case’s outcome.
Representing the CBI, the Solicitor General of India, Tushar Mehta, informed the court that the agency had made the decision to send the forensic samples to the All India Institute of Medical Sciences (AIIMS) in Delhi for further analysis.
He explained,
“We have forensic examination report and one thing is admitted that when the girl was found at 9:30 am, her jeans and undergarments were removed and lying nearby… semi-nude and injury marks also on body… they have taken samples. They have sent to CFSL in West Bengal. CBI has taken a decision to send the sample to AIIMS.”
Without delving too deeply into the explicit findings from the initial forensic analysis, Mehta remarked,
“Person enters, girl is nude and this is the result of FSL. So who took the sample is relevant.”
This statement highlights the CBI’s concern regarding the authenticity and chain of custody surrounding the collection of forensic evidence, which could potentially affect the investigation’s credibility.
During the previous hearing, the Supreme Court had requested a status report from the CBI regarding the progress of the investigation. In addition to this, the court had also asked the West Bengal government, led by Chief Minister Mamata Banerjee, to provide a separate status report concerning the large-scale unrest in the state.
Specifically, thousands of people had broken into the hospital where the incident took place, raising concerns about law and order in the region.
While Tushar Mehta is representing the CBI in the case, senior advocate Kapil Sibal has been appearing on behalf of the West Bengal government, underscoring the high-profile nature of the legal battle.
The West Bengal government’s involvement adds a layer of complexity, as tensions between the central and state governments over law enforcement are often high.
The case has also ignited widespread protests across West Bengal and beyond, with citizens expressing their outrage over the rape and murder of the doctor who was on duty at the hospital on August 9. In connection with the crime, a civic volunteer, Sanjay Roy, has been arrested. However, the growing demand for justice from people across the state indicates that this case is far from resolution.
Protests continue to erupt across different parts of the country, further intensifying the public’s demand for swift justice in this tragic and horrifying case.
During the ongoing proceedings in the Supreme Court regarding the Kolkata rape-murder case, additional concerns were raised over the handling of crucial evidence and procedural lapses.
Solicitor General Tushar Mehta, appearing for the Central Bureau of Investigation (CBI), pointed out key issues with the post-mortem report, stating,
“The post-mortem report doesn’t even mention the time it was conducted.”
This omission in the report has added to the complexities surrounding the forensic investigation.
In response, senior advocate Kapil Sibal, representing the West Bengal government, countered by asserting that all necessary details were, in fact, present in the report. He questioned the relevance of the points being raised, stating,
“It’s all included in the report. Why are these points being raised?”
Sibal’s stance highlighted the government’s confidence in the thoroughness of the investigation process.
However, other legal representatives raised concerns about the videography of the post-mortem. One of the advocates questioned,
“Who handled the videography? There are no details about whether it was a writable or rewritable CD,”
-further suggesting that there may be irregularities or missing information in the documentation of evidence.
Moreover, allegations were made regarding the involvement of certain medical professionals, with the advocate adding,
“All the doctors involved were from the North Bengal lobby,”
-indicating potential bias or regional influence in the investigation.
To these concerns, Kapil Sibal responded by emphasizing that the legal process was overseen by a judicial officer.
He stated,
“The judicial magistrate was present,”
-reinforcing that proper legal supervision was in place during critical stages of the investigation, including the post-mortem.
Yet, the debate did not end there. The advocate questioning the evidence raised another significant issue related to the General Diary (GD) entries, which record police activities. He argued that there were only 10 GD entries between 2:30 PM and 10:30 PM, questioning the authenticity of these records.
He asked,
“Was this information fabricated? This issue of GD entries being manufactured dates back to 1983 in West Bengal,”
-implying a longstanding problem with the integrity of police records in the region.
These exchanges reveal the intense scrutiny and concerns regarding the handling of the investigation, raising questions about transparency, procedural integrity, and possible manipulation of evidence.
Chief Justice of India (CJI) brought attention to a crucial aspect of the investigation, focusing on the available evidence from the CCTV footage. Addressing the CBI’s access to key video evidence, the CJI stated,
“The CBI has been given 27 minutes of footage related to the actual search operation.”
However, the CJI emphasized the need for further clarity regarding the completeness of the evidence, particularly in relation to other potential suspects who may have entered the crime scene.
The Chief Justice added,
“We need to determine whether you have full access to the CCTV footage covering the period from when the accused left the hall to identify who else entered the hall during that time.”
This statement highlighted the court’s concern about whether all relevant footage had been reviewed and whether there were any gaps in the video that could hinder the investigation.
The focus on CCTV footage underscores the importance of identifying any other individuals who might have been involved or present during the critical period, ensuring that all angles of the case are thoroughly examined.
The court’s directive to the CBI to clarify this matter indicates the Supreme Court’s priority in ensuring that no key evidence is overlooked in this sensitive and high-profile case.
“The state has allocated funds for safety measures, to be overseen by District Collectors. If doctors return to work by 5 PM tomorrow, no penalties will be imposed. Continued absence may result in future actions.”
-the Supreme Court stated during the hearing.
This directive highlights the importance of ensuring a balance between public safety and professional responsibilities, while also indicating the possibility of disciplinary action should the situation not improve within the given timeframe.
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PREVIOUSLY IN APEX COURT
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] RG KAR Rape-Murder | "Post-Mortem Report Doesn’t Even Mention the Time it was Conducted, Submit Fresh Status Report Next Tuesday": SC To CBI](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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