Senior Advocate Adish Aggarwala Threatens To Move No Confidence Motion Against SCBA President Kapil Sibal If He Does Not Withdraw Controversial ‘Resolution’ About RG Kar Incident

Former President of the Supreme Court Bar Association and Senior Advocate, Dr Adish C Aggarwala has written a letter to the current President of SCBA Kapil Sibal warning about a no-confidence motion against him, if he does not withdraw the controversial 'resolution' of the SCBA of August 21, 2024, with respect to the horrific rape and murder that happened at the RG Kar Medical College & Hospital.

Earlier, a letter was sent by some Members of the Executive Committee (EC) of the SCBA to Sibal alleging that the purported resolution was not even placed before the EC and that the views expressed therein were personal. 

Dr Aggarwala, in his letter, has said, "Trying to undermine the RG Kar Medical College incident as ‘symptomatic malaise’ of such incidents throughout the country, is nothing but a cold attempt to view it as one of many incidents. The SCBA and its office-bearers would never have allowed such an attempt to demean the incident, if at all such a ‘Resolution’ was placed before them for approval. Three, as counsel for West Bengal you ought to have stayed out of the issue. Instead you have chosen to issue a non-existent and illegal Resolution to undermine the incident, and it is nothing but the colossal conflict of interest. In this obvious conflict of interest you have chosen to be with the devil’s side and have muddied the reputation of the SCBA and the office of its President."

Kapil Sibal is appearing for the State of West Bengal and its Police in the suo moto case registered by the Supreme Court in relation to the rape and murder. Dr Aggarwala has said in the letter that the 'resolution' signed by Sibal is a case of "colossal conflict of interest". 

Dr Aggarwala has also stated that the alleged resolution was printed and signed by Sibal was not placed before the Executive Committee and was not duly approved by the elected body. Therefore, such a ‘resolution’ is invalid, false and non-existent, he said. "It is also a blatant breach of trust the members and office-bearers of the SCBA placed on you, because a unilateral statement drafted and signed by you is sought to be passed off as a ‘resolution’ of the SCBA, without even placing it before and getting the nod of the Executive Committee", he added.

Dr Aggarwala has stated in his letter, "You have been representing the government of West Bengal in the related cases before Hon'ble Supreme Court. As a lawyer, you have every right to accept and argue cases. However, on August 21, 2024 you circulated a purported Resolution of the SCBA under your signature, describing the RG Kar Medical College incident as ‘symptomatic malaise’, and said the ‘resolution’ hoped that such incidents that have taken place throughout the country are not repeated. The statement about the ‘SCBA resolution’ signed by you and printed on SCBA letterhead is mischievous, dangerous, insensitive and a grave injustice to the rape-murder victim and lakhs of doctors, trainees and students who are still on protest mode, demanding safe work environment."

He asked Sibal to issue a public apology and to withdraw the 'resolution' as it has hurt the sentiments of the medical and legal fraternity. "Under the circumstances, the least you could do is to withdraw this ‘Resolution’ and issue a public apology. If you does not withdraw the illegal Resolution and issue a public apology within 72 hours, I and other requisite number of distinguished Members of SCBA, will be constrained to move a no-confidence motion against you, and remove you from the post of the SCBA President", says the letter.

On August 22, 2024, while hearing 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 expressed concern about the manner in which the West Bengal police has handled the case so far.

During the hearing, Solicitor General Tushar Mehta criticised Kapil Sibal for allegedly laughing while discussing the gruesome crime.

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.