I Have Not Come Across The Procedure Followed By Police In My 30 Years Career: Supreme Court Expresses Concerns On State's Role In RG Kar Hospital Rape-Murder Case

While hearing of a suo moto criminal writ petition concerning the death of a postgraduate trainee doctor at R.G. Kar Medical College & Hospital, Kolkata, on August 9, 2024, the Supreme Court today expressed concern about the manner in which the West Bengal police has handled the case so far. 

The Bench of Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and Manoj Misra expressed deep concerns over the procedure followed by the Kolkata police.

"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," Justice Pardiwala remarked. 

At the outset, Counsel for AIIMS Nagpur informed the Bench that they are agitating and are being marked absent, they are not being allowed in exams. The Counsel requested the Court that some lenient view be taken in the exam related matter. 

The CJI assured the Counsel that if the doctors get back to work, then, no adverse actions will be taken against them for exams. Thereafter, the Counsel submitted that the AIIMS Nagpur resident doctors have joined back to work. 

Counsel for PGIMER Chandigarh Doctors also contended that the resident doctors went on a rally but have returned to work. However, the Counsel submitted that their nine days of casual leaves have been cancelled. 

To this, the CJI said, "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?"

The Court said, "The National Task Force (NTF) Committee will ensure it will hear all representatives, we will reiterate that in our order."

"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," the CJI remarked. 

Senior Advocate Vijay Hansaria, for the Delhi Medical Association (DMC), contended that two-three more aspects should be kindly considered: (a) a distress call system available on watch that can be part of it; (b) Institutional FIR, where parents have to go, etc; (c) Fast tracking of the cases.

Solicitor General (SG) Tushar Mehta, appearing for the CBI, submitted that in the status report the CBI has flagged some issues. He pointed out the date and time. 

On perusal of the CBI status report, the CJI asked for the report of the deceased victim. 

"We didn't know there was such a report, we entered the investigation on the 5th day, everything was altered by then," the SG contended. Mehta submitted that the most "shocking thing" is that the FIR was lodged at 11:45 pm after the cremation. He then submitted that initially the parents of the victim were told that she was sick, but later they were told that she committed suicide. Mehta contended that later, when the colleagues insisted, the parents were informed that she was killed. The SG submitted that the senior doctors and colleagues of the victim asked for videography, which means that even they felt that there was a cover-up. 

Senior Advocate Kapil Sibal, appearing for the State of West Bengal, submitted that they have a record of everything, including at what time it all happened. "We have it all recorded, videographed. Nothing altered," Sibal argued. 

To this, CJI clarified that you (West Bengal) have the recording of the postmortem, but you don't have the recording of the place where the incident took place. 

SG Mehta further submitted that there is one more aspect that has been brought to my attention by a young lawyer. He told the Bench that a complaint had been filed in 2023. 

Sibal submitted that if it is a formal complaint, it will be a public record. "Can I have a copy?" Sibal asked. 

On perusal of the CBI status report, the CJI said, "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 said, "As per the autopsy report, the autopsy was conducted in the evening hours of  August 9th; the unnatural death (UD) entry was recorded at 11:30 at night."

"No, no. We have a timeline minute by minute, it is all backed by the videography," Sibal argued. 

Justice Pardiwala asked, "Mr. Sibal just tell us when was the postmortem done?"

Sibal responded, "6:10 to 7:10 in the evening."

Justice Pardiwala said, "When you start performing the Post Mortem, it means that its case of unnatural death, UD 861/24 was registered at 23:20 hours, 9th August the GD entry and FIR recorded at 11:45 PM Hours, is this true? This is very surprising that post mortem precedes registration of the UD."

SG Mehta told the Bench that the CBI's status report is based on the case diary given by the Kolkata police. 

Justice Pardiwala asked Sibal to keep a responsible police officer who was involved in the investigation for answering the queries related to the case, on the next date of hearing. "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," Justice Pardiwala remarked. 

Justice Pardiwala said, "The first thing, is it is true that the UD was recorded at 10:30 hours? Second, who is this Asstistant Supreintendent Non-Medical, Her conduct is also very doubtful, why did she act in this manner?"

After perusal of the case diary, Justice Pardiwala said, "Prima facie, CBI will have to look into it."

During the hearing, the Joint Director, CBI, was also present in Court. Senior Advocate Bikashranjan Bhattacharya appeared for the family of the victim.

Sibal further informed the Bench that the original case diary was handed over to the CBI at the Calcutta High Court, as soon as the transfer order was passed. Sibal then gave an Affidavit to the Court as well as the CBI. Sibal then made some remarks about the contents of the said affidavit. "These are collateral events. They are bound to happen," Sibal said. "This is extremely serious, it is going to take place on 27th August. If there is any protest," Sibal submitted. 

SG Mehta said that this is already on social media. "This is again state filing an Affidavit based on social media," Mehta argued. 

The matter will be heard further in the post-lunch sessions today. 

On the last hearing, the Court had also expressed disappointment over the State of West Bengal's handling of the vandalism at the protest site. The Court had directed the formation of a "National Task Force" to recommend measures for ensuring the safety of medical professionals. Additionally, the Court ordered the deployment of the Central Industrial Security Force (CISF) to protect resident doctors, particularly female doctors, at RG Kar Hospital. The Court had also expressed concerns about the lack of institutional safety norms at medical establishments against both violence and sexual violence.

Last week, Advocate Ujjawal Gaur, a member of the Supreme Court Bar Association, had written a letter to the Chief Justice of India seeking immediate intervention in the rape and murder case of a young doctor at RG Kar Medical College & Hospital, Kolkata. In the letter addressed to Chief Justice DY Chandrachud, the Advocate requested the Court to take suo moto cognizance in the matter and stated, "I plead Your Lordship to take Suo moto cognizance of this case, for it is the need of the hour that the highest court of the land intervenes with the urgency and gravity that this situation demands. The nation looks to the judiciary as the ultimate guardian of justice, the last refuge for those whose cries have been silenced by brutality. The victim in this case, a young doctor whose life was dedicated to serving others, deserves nothing less than the full measure of justice that our legal system can provide. Her death must not be in vain, it must galvanize us to act, to ensure that no other woman suffers such a fate."