Doctor's rape-murder: SC highlights 'lapses' in probe by Kolkata Police, questions sequence of events

PTI, New Delhi, Aug 22, 2024 :  A tough talking Supreme Court on Thursday tore into the Kolkata police over the delay in registering the unnatural death of the woman doctor, who was raped and killed at the RG Kar Hospital, calling it “extremely disturbing”, and questioned the sequence of events and the timing of its procedural formalities.

Making an impassioned appeal to the protesting doctors across the country, the apex court also asked then to get back to work, saying “justice and medicine” cannot be stopped and moreover, it was issuing all the necessary directions to ensure their safety. It further directed no coercive action against them.

The strong reprimand of the Kolkata police by the top court in which a three-judge bench highlighted its “lapses” in its probe came even as Solicitor General Tushar Mehta, appearing for the CBI, said there was an attempt to cover up the case by the local police as the crime scene was “altered” by the time the federal agency took over the probe.

The bench headed by Chief Justice of India DY Chandrachud, which was hearing a suo motu case related to the crime, asked political parties not to politicise the case and said law will take its course after Mehta pointed to an objectionable statement of a West Bengal minister.

Expressing surprise that the postmortem of the victim was conducted on August 9 between 6.10 pm to 7.10 pm before the registration of case as unnatural death, the top court pulled up the Kolkata police over “unexplained” delay of 14 hours in lodging of the FIR in the case.

“How was it that the post-mortem was conducted at 6.10 pm on August 9 and yet the unnatural death information is sent to Tala police station at 11.30 pm on August 9. This is extremely disturbing,” the bench, also comprising Justice J B Pardiwala and Manoj Misra, said.

Pointing out the laxity in investigation by the Kolkata Police, Justice Pardiwala said, “When you start performing the post-mortem, it means that it is a case of unnatural death. However, case of unnatural death was registered at 11.30 pm on August 9 after post-mortem and the FIR is recorded at 11.45 pm.

“The entire procedure followed by your state is something which I have not come across in the 30 years of my (professional) life,” Justice Pardiwala said.

The top court also quizzed West Bengal government over the role of Dr Sandip Ghosh, former principal of RG Kar Medical College and Hospital, who has come under the scanner in the aftermath of the ghastly crime.

“Procedure is a separate issue, but the point remains. What is the reason the FIR is lodged almost 14 hours after the discovery of the body. The most important thing is that the principal of the college should have come straightaway to the college and directed the filing of the FIR. Who was he in touch with? What was the purpose? the bench asked senior advocate Kapil Sibal, appearing for the West Bengal government.

The moment the principal tenders the resignation, he is appointed as principal of another college, the bench noted.

At the outset, Mehta said the Central Bureau of Investigation(CBI) entered the probe on the fifth day after the crime.

“We entered the probe on the fifth day. Before that, whatever was collected by the local police was given to us. The investigation itself was a challenge because the scene of offence was altered. The FIR was registered only after the (victim’s) cremation at 11:45 pm.

“First, the parents of the victim were informed by the deputy superintendent (of the hospital) that she was not well. When they reached the hospital, they were told that she had committed suicide….. Fortunately, the colleagues of the deceased insisted for videography. This suggests that they were suspecting a cover-up,” Mehta submitted.

Sibal opposed Mehta’s submissions, saying everything was videographed and claimed nothing was altered at the crime scene.

He contended that the Kolkata Police followed the procedure scrupulously and the CBI’s status report only attempts to muddy the waters.

Sibal said the CBI must inform the court what progress it has made in the case in the last one week.

The bench later issued a slew of directions on the safety of doctors, norms for protests, rights of protesters as well as the West Bengal government.

It said the National Task Force (NTF) formed by the apex court will take note of the suggestions of all the stakeholders while formulating a national protocol for the safety of healthcare professionals, including the associations representing resident doctors.

“We direct the secretary of the Union Ministry of Health to engage with the chief secretaries of the states and directors general of police to ensure the safety of healthcare professionals,” the bench said, while ordering that the exercise be completed in a week.

It further directed the Kolkata Police officer, who registered the first entry about the crime that has shocked the country, to appear in the next hearing on September 5 and disclose the time of the entry.

The bench also said peaceful protests over the Kolkata incident shall not be disturbed or disrupted by the West Bengal government. The court, however, clarified that it has not injuncted the state government from exercising such lawful powers.

“When we say peaceful protesters will not be disturbed, we also mean proper protocol will be followed.” The bench directed the secretary in the Union health ministry to launch a portal where the stakeholders can submit suggestions to the NTF on the safety of doctors.

As the hearing commenced, the top court asked the protesting doctors to resume work and assured them that no adverse action will be taken.

The court was told by the counsel for the resident doctors of the AIIMS-Nagpur that they are being victimised for protesting over the Kolkata rape-murder case.