"Absolute Failure Of State Machinery": Calcutta HC Questions State On Urgency Of Renovation Near RG Kar Medical College Crime Scene Amid Rape-Murder Investigation

The Calcutta High Court on Friday questioned the state government over the urgency to carry out renovation work near the crime scene at RG Kar Medical College Hospital, where a 31-year-old resident doctor was found dead after being allegedly raped on August 9.

The incident took place on August 9, 2024, at R.G. Kar Medical College & Hospital, wherein a post-graduate trainee doctor, who was on duty was found dead inside the hospital premises, allegedly in half-naked condition.

The Division Bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya grilled the State on the timing of the renovation, asking why it was necessary to undertake such work immediately after the incident.

The State's counsel submitted that the renovation was unrelated to the crime scene, explaining that the work was for a new restroom for doctors.

The Court raised concerns about whether the renovation was intended to "wipe out" evidence, a claim strongly denied by the State. “What was the urgency? ... You go to any district court complex, see if ladies have any restrooms!" remarked Chief Justice Sivagnanam, questioning the rationale behind the timing of the renovation.

"Police usually have intelligence on these matters.. If 7,000 people gathered, it was hard to believe that state police did not know. For all and sundry, you pass 144 (CrPC) order. When so much commotion is going on, doctors on strike, you should have cordoned off entire area. If suppose 7000 people have to come, they cant come walking. This is an absolute failure of state machinery. A sorry state of affairs, how do you think the doctors would be able to work fearlessly?" Chief Justice Sivagnanam asked referring to the attack by a mob against doctors who were protesting.

Despite the State’s assurance that the crime scene remains intact and secured, the Court directed the State to file an affidavit supported by photographs to substantiate its claims. The Court also emphasized that the crime scene should remain undisturbed and suggested that the State should show more empathy in dealing with the matter.

"You should also be disturbed as a citizen of West Bengal born and brought up here! It should pain you also! It pains me!" Chief Justice Sivagnanam remarked.

The Bench ordered the State to provide a detailed reply on the various aspects of the case by August 20 and scheduled the next hearing for August 21. The Court also reaffirmed that the Central Bureau of Investigation (CBI), which has taken over the probe, has the authority to visit the hospital premises and conduct investigations as needed.

In addition to the renovation concerns, the Court addressed the vandalism that occurred near the hospital during protests on the eve of Independence Day. The Court criticized the State for failing to prevent the violence and questioned the preparedness of the police, given the large number of protestors.

"Police usually have intelligence on these matters... It is hard to believe that state police did not know about the gathering of 7,000 people. This is an absolute failure of state machinery," the Chief Justice stated.

The Court also urged the media and the public to refrain from circulating images or other details that could reveal the identity of the deceased victim, emphasizing the need to maintain her confidentiality.

Pertinently, on August 13, the High Court had directed the transfer of investigation from the police The Bench had observed, “… it has become imperative and necessary for this Court to exercise its jurisdiction failing which the confidence in the public mind would be shattered and the public confidence will also be jeopardized. … At this juncture, we take judicial notice of the fact that the agitation, which initially commenced in the R.G. Medical College & Hospital has spread over to other institutions in the State of West Bengal. Apart from that the agitations have spread out to other States in the country, which have been widely reported in the newspapers. These are all relevant factors, which have to be borne in mind.”