RG Kar rape-murder: Does CBI chargesheet prove Mamata right? Not quite

TOI, Oct 8, 2024 : While the CBI chargesheet in the RG Kar rape-murder case confirm that Sanjay Roy, the civic volunteer arrested by the Kolkata Police, was the sole accused, it leaves several critical questions unanswered that could prove to be a headache for TMC .

The Pujo has brought some relief to the Trinamool Congress (TMC) as the Central Bureau of Investigation (CBI) filed its chargesheet in the RG Kar rape-murder case, on October 7, nearly two months after taking over the investigation. 

The chargesheet names Sanjay Roy, a civic volunteer, as the sole accused, confirming the Kolkata Police's swift action in arresting him within 24 hours of the crime. So far, the chargesheet has bolstered the ruling party’s stance in West Bengal – it cites 128 witnesses without naming any major new suspects. 

This aligns with the TMC’s position that the investigation was handled correctly from the outset, reinforcing the view that the crime was an isolated incident rather than part of a broader conspiracy. But the TMC is not quite out of the woods as yet. 

While the CBI chargesheet supports the early identification of the accused, the overall picture remains incomplete. 

The supplementary chargesheets, which are still awaited, could further investigate the roles of former RG Kar principal Sandip Ghosh and former Tala officer-in-charge (OC) Abhijit Mandal, both of whom are currently in jail, potentially raising more questions about the state government’s role and oversight. 

In the long run it could make it difficult for the Mamata-led government to claim full vindication. 

The CBI’s chargesheet confirms that the Kolkata Police had correctly identified Sanjay Roy as the main accused within 24 hours of the crime on August 9. This vindicates Mamata Banerjee’s government, which had stood by the state police’s quick action, despite calls from opposition parties and segments of the public for a CBI probe. 

The BJP and Congress had demanded a CBI probe, suggesting that the TMC-led state government might try to cover up the crime or protect influential people. However, Kolkata Police, which also faced sharp criticism from the Calcutta high court and the public for its initial handling of the probe, has still not issued any official statement in response to the CBI’s findings. 

The only response has come from Sanjay Basu, the state's senior standing counsel in the Supreme Court, who stated: “The chargesheet against Sanjay Roy by the CBI reaffirms the accuracy of the investigation conducted by Kolkata Police. It confirms that the initial probe was both correct and untainted, as we had maintained. 

This should dispel the baseless rumours and misinformation that had been circulating.” 

Former TMC Rajya Sabha MP Kunal Ghosh commented on the CBI’s chargesheet saying the police had all along been on the right path: “Those who wanted the CBI should see that today, the main chargesheet has only named Sanjay Roy, who was arrested by Kolkata Police within 24 hours. Let the investigation continue. There will be drama and various stories from the doctors' factional politics, and perhaps other names will be added later. But admit today, the Kolkata Police was on the right track.”

Ghosh further stated that the CBI had questioned numerous individuals, while the Kolkata Police had only three days to act. “ Chief minister Mamata Banerjee had asked for a few days, and it is now proven that the Kolkata Police's investigation was on the right track.” 

He also added that in the CBI chargesheet, the agency did not mention anybody for involvement in the alleged gang rape, criminal negligence in the autopsy, tampering of evidence at the police station level despite the fact that all the people concerned were either in their custody or within their reach. 

“In the future, who will be framed in what narrative, let’s see. But if they [CBI] did have evidence, why was nobody, or none of it mentioned in the chargesheet,” he said. 

Additional chargesheet: 

The CBI is expected to file supplementary chargesheets concerning the roles of former RG Kar principal Sandip Ghosh and former Tala police station SHO Abhijit Mondal in connection with the alleged destruction of evidence and efforts to protect Sanjay Roy. The chargesheets are likely to further probe their involvement in tampering with evidence and obstruction of justice.

Additionally, the CBI is investigating financial irregularities at RG Kar Medical College and Hospital, with five individuals arrested for their alleged roles in these issues. The supplementary chargesheets could cast further scrutiny on the TMC government, raising questions about the management of public healthcare institutions under its rule. 

Allegations of financial misconduct and corruption may add to the opposition's narrative of administrative failure, potentially damaging the TMC's credibility and governance record. As the investigation unfolds, it could lead to increased pressure on the state government to address systemic issues within the healthcare system.

Opposition unconvinced: 

The CBI chargesheet findings have not swayed CPM state secretary Md Salim, who continues to assert that the case is part of a "much larger conspiracy" impacting the entire public healthcare system under the TMC. He cited a culture of threats, syndicates and financial misconduct as ongoing issues within the system. Salim emphasised that allegations of evidence-tampering must be thoroughly investigated by the CBI. BJP’s Samik Bhattacharya echoed these concerns. 

“If Kolkata Police had done the right investigation, why was the scene of crime altered? Why was the evidence tampered? Why was the autopsy done after sunset? Why was the victim’s body cremated hurriedly? These questions are yet to be answered,” he asked. Congress spokesperson Soumya Aich Roy also said that despite the CBI suspecting Ghosh and Mondal’s involvement, Kolkata Police gave them a “clean chit”, raising questions about who they were protecting. 

Women’s safety: The RG Kar case is part of a broader narrative of concern about women’s safety in West Bengal. Despite the CBI’s validation of the police’s work in this case, the fact remains that the crime itself was brutal and occurred in a high-profile institution. 

This has drawn attention to larger issues about safety and law enforcement in the state, which could negatively affect Mamata Banerjee’s image as a leader. It doesn’t help that despite the West Bengal government’s appeals to return to work, junior doctors have continued their ‘fast-unto-death’ during Durga Puja festivities, demanding justice for the RG Kar rape-murder victim and improved safety at their workplaces. 

Around 15 senior doctors have joined the protest in solidarity, staging a symbolic hunger strike in central Kolkata. The protests, which began after the rape and murder of a junior doctor at RG Kar Medical College in August, initially led to a 42-day strike that was called off after assurances from the state government. 

However, after a recent attack on medics at another state-run hospital, the junior doctors resumed protests, calling for the removal of West Bengal government's health secretary NS Nigam. 

Their other demands include establishment of a centralised referral system for all hospitals and medical colleges, the implementation of a bed vacancy monitoring system, and the creation of task forces to ensure essential provisions such as CCTV coverage, on-call rooms, and adequate washroom facilities in workplaces. 

Additionally, they are calling for increased police protection within hospitals, the recruitment of permanent women police personnel and the swift filling of vacant positions for doctors, nurses and other healthcare staff to address manpower shortages in state-run healthcare institutions, as well as improvements to hospital infrastructure, such as the implementation of a bed vacancy monitoring system and better on-call facilities. 

With less than two years to go for next state polls, the issue of women’s safety, particularly within the healthcare system, could over time become a political tool against Mamata, who has often positioned herself as a “champion of the people”.