Speaking about the case, Justice Lokur noted that the woman’s body, a crucial piece of evidence, was cremated prematurely. “Why the rush? Bodies are usually preserved in the morgue,” he told media, also raising concerns about the delayed filing of the First Information Report (FIR). While the delay may not directly impact the investigation, he emphasized that the cremation was a mistake.
Delhi: (On 22nd Aug): Justice (Retired) Madan Lokur, in an interview, highlighted several investigative lapses in the Kolkata rape-murder case that has sparked widespread protest from the medical community across India. He addressed why courts are increasingly addressing governance issues.
Speaking about the case, Justice Lokur noted that the woman’s body, a crucial piece of evidence, was cremated prematurely.
“Why the rush? Bodies are usually preserved in the morgue,” he told media, also raising concerns about the delayed filing of the First Information Report (FIR). While the delay may not directly impact the investigation, he emphasized that the cremation was a mistake.
Questions have also arisen over the postmortem findings, despite the state’s claim that the entire procedure was videographed.
Many have raised doubts about the conclusions of the postmortem report, even though the state maintains that the entire procedure was recorded on video.
Earlier, the Supreme Court questioned the delay in filing the FIR. Chief Justice of India DY Chandrachud remarked,
“The body was recovered at 9:30 am, yet the FIR was only filed at 11:30 pm. Why was there a 14-hour delay?”
Justice JB Pardiwala also questioned the police’s stance, stating,
“If you registered a case of unnatural death before the autopsy, on what basis was that decision made? And if you did so after the autopsy, why proceed with that charge when you already know the cause of death?”
Earlier today, the Supreme Court raised similar concerns about the delayed FIR. Chief Justice of India DY Chandrachud questioned why the FIR was filed 14 hours after the body was found, while Justice JB Pardiwala queried the police’s consistent conclusion of an unnatural death despite the postmortem results.
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.
Commenting on the courts taking suo motu cognizance of governance issues, Justice Lokur acknowledged it as a sign of governance failure.
“When the court intervenes, it indicates that something is amiss and needs correction,”
he said.
READ PREVIOUS REPORTS ON KOLKATA RAPE-MURDER CASE
