Lawyer Writes To CJI Chandrachud To Take Suo Motu Cognizance Of Kolkata Doctor's Rape and Murder

Advocate Ujjawal Gaur, a Member of the Supreme Court Bar Association has 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 requests the Court to take suo moto cognizance in the matter and states, "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."

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

The Letter says, "My Lord, the cries of the victim's family, the tears of her friends and colleagues, and the fear and anguish of countless women across the country compel us to act. We cannot afford to be passive spectators to this horror, we must be active participants in the pursuit of justice. The judiciary, under Your Lordship's esteemed leadership, has the power to restore faith in the system, to reassure the nation that the courts will protect the rights of every citizen, especially the most vulnerable among us."

Further, the letter states, "In this dark hour, I place my unwavering faith in Your Lordship's wisdom, compassion, and sense of justice. I trust that the Supreme Court, in its infinite wisdom, will rise to this challenge and take the necessary steps to ensure that the perpetrators of this heinous crime are brought to justice with all due haste. May Your Lordship's conscience guide this request to its rightful conclusion, and may justice, in its most powerful and compassionate form, be delivered to the victim, her family, and to a nation in mourning. With the deepest respect and unwavering trust in the judiciary."

Recently, the Calcutta High Court had directed transfer of investigation in the case from the Police to the Central Bureau of Investigation (CBI) in the case. The Court was dealing with a batch of writ petitions filed as public interest litigations (PILs) in which the common prayer was to direct the State police authorities to immediately hand over all documents and evidence pertaining to the criminal proceedings initiated by them to CBI or any other independent investigating agency. The petitioners alleged that there were injuries over the body of the victim including the private parts and the family members and other persons firmly believe that the death occurred due to rape and murder committed by several offenders. The petitioners also stated that the Chief Minister of the State on August 10, 2024, had issued a statement stating that the State has no objection if the investigation of the alleged incident is transferred to CBI.

Yesterday, the High Court questioned the state government over the urgency to carry out renovation work near the crime scene. The Court also 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 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.