RG Kar Hospital Murder-Rape Case| "Why Is Progress So Tardy": SC Asks West Bengal On Steps Taken For Installation Of CCTV Cameras And Construction Of Toilets
While hearing the suo moto case in the rape and murder of a postgraduate trainee doctor at R.G. Kar Medical College & Hospital, Kolkata, the Supreme Court today asked the State of West Bengal on the status of work on the installation of CCTV cameras, construction of toilets and separate resting rooms, etc. in the medical college.
The Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra said, "Why is the progress so tardy? We have been hearing this matter since some time now."
"The status report submitted by West Bengal indicates the ongoing work... though the state has indicated that remaining work will be completed by 31st October, the state has assured that it will make all endeavours to complete the work by 15th October 2024," the Court noted.
Additionally, the Court noted that several persons against whom serious allegations of misdemeanor are there are occupying positions of responsibility in the college, and that CBI report states that some aspects of this are still under investigation.
"The submissions of the doctor is that such persons should either be suspended or directed to be on leave, is matter to be decided by the state government..Counsel for WB, states that if CBI shares any information of such person, the state will take action consistent with the law. The counsels submit that the financial irregularities would extend to outside the state, the CBI may be informed along with the modalities prescribed, and the court may be informed what other directions maybe required to be given," the Court said.
At the outset, Advocate Vrinda Grover, appearing for the family of the deceased victim, submitted that its very alarming that there are a lot of social media posts disclosing her name and photos. She suggested a nodal officer be appointed and an email-id be provided by the union for the taking down of the posts according to the law. "There is also a YouTube film that is going to be released on the RG Kar case. The question is whether this film will affect the investigation, which is at a very early stage....if nodal counsel appointed, then we can pass on information," Grover contended.
The CJI said, "If you have to stop the film, take legal recourse." The Court directed, "The parents of the deceased are disconcerted by repeated clips in social media referring to pictures and reels. Besides these clips, videos have also proliferated. Our earlier order is clarified to apply in relation to all intermediaries and to reiterate, no intermediary shall be allowed to carry the name or pictures of her identity. MEITY shall notify a nodal officer in relation to any uploading of unauthorized publication which is taken down."
On perusal of the CBI's fresh status report, the CJI said, "Very substantial leads have come up in the CBI Investigation. Obviously, let CBI continue the investigation. They have given us an elaborative report on both aspects: 1. the rape and murder that took place at RG Kar Medical College, and 2. the allegation into the financial irregularities."
Senior Advocate Rakesh Dwivedi appeared for the State of West Bengal. He submitted that the last time when the doctors met the CM, they requested the transfers of police officials; they have been transferred. "Furthermore, if any information is given by CBI on any person, action will be taken; there is no difficulty," Dwivedi contended.
After taking note of all the submissions, the Court sought the progress report of the 'National Task Force' and scheduled the matter for further hearing on October 15.
Pertinently, on September 17, the Bench had asked the Health Secretary to tell the Court what modalities are followed to ensure that security steps are taken at the hospital. On September 9, the Court had directed the State of West Bengal to show the challan form (WB Form 5371) indicating the details of the dispatch of the body for postmortem in the rape and murder of a postgraduate trainee doctor at R.G. Kar Medical College & Hospital, Kolkata, on August 9, 2024.
Earlier, on September 3, the Ministry of Home Affairs (MHA) had filed an application before the Apex Court stating that Central Industrial Security Force (CISF) personnel do not have proper accommodation and basic facilities in West Bengal. "Due to non-availability of accommodations, security gadgets, and paucity of transportation, duty personnel are facing a lot of difficulties in performing duties coming from various locations, especially the lady contingent," the MHA stated. The MHA had further stated that the matter of lack of any accommodation, including separate accommodation for female personnel, shortage of transport, logistics, and inadequate security infrastructure/gadgets, etc., was taken up with the Chief Secretary, Government of West Bengal. However, the MHA has stated that they got no response from the state government.
"This non-cooperation is not expected from a State government in a tense situation such as the present one. The safety of doctors, and women doctors in particular, must be the top priority for the State of West Bengal," the MHA had said. Terming the inaction of the State of West Bengal as "symptomatic of a systematic malaise", the MHA had said that despite repeated requests, there is non-cooperation with central agencies operating under court orders.
On August 22, the Court urged the doctors to return back to work following the rape and murder of a postgraduate trainee doctor at R.G. Kar Medical College & Hospital, Kolkata, on August 9, 2024. During the pre-lunch session, the Court had expressed concern about the manner in which the West Bengal police have handled the case so far. "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.
Earlier, 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.
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.
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 the CBI or any other independent investigating agency. Earlier, the High Court had 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.
Cause Title: In Re: Alleged Rape and Murder Incident of a Trainee Doctor in R.G. Kar Medical College and Hospital, Kolkata and Related Issues [SMW (Crl) No. 000002/2024]