"Nice Way To Confer Political Patronage": Apex Court Seeks Detailed Report From WB Govt. On Engagement Of Civic Volunteers In RG Kar Medical College Rape And Murder Case
|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 directed the State of West Bengal to provide detailed information on the legal basis, qualifications, deployment, and remuneration of civic volunteers involved in the state's institutions, including hospitals.
The Bench of Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra also scrutinized the progress of investigations and security measures, questioning the state's use of volunteers in sensitive areas.
The Court said, "Mr. Dwivedi, next time we want the information (1) the legal source of authority for hiring civic volunteers; (2) the qualifications; (3) the institutions in which they are assigned duties; (4) the payments made on a daily and monthly basis and the budget."
The Court directed that the affidavit by the State shall also mention the steps taken to ensure that such civic volunteers are not posted in hospitals, schools, police stations, and places that are sensitive in nature. "The affidavit shall specifically disclose the selection process being followed," the Court added.
Senior Advocate Karuna Nundy informed the Court that there are 1500+ such volunteers, as of now.
To this submission, the CJI remarked, "This is a nice way to confer political patronage on selected individuals. Let the state of West Bengal first give us the data on the next hearing."
At the outset, Solicitor General (SG) Tushar Mehta, appearing for the CBI, submitted a progress report on the National Task Force (NTF). "They are working with utmost seriousness," the SG submitted.
On perusal of the fifth status report of CBI, the Court noted, "On the basis of the investigation conducted, a chargesheet has been submitted on October 7, 2024, for offences under Sections 64, 66 of the BNS against accused Sanjay Roy. By an order dated...the ACJM Sealdah has taken cognizance, and the hearing for consideration of charge has been fixed for November 4, 2024. The status report further indicates that the further investigation of the role of others in relation to the alleged rape and murder is a subject matter of continued investigation. The CBI has also received communications pertaining to certain aspects that were highlighted by the parties appearing in the matter, those matters are also being looked into."
On the aspect of alleged financial irregularities, the Court noted that the investigation is to continue. "The court shall be apprised about the progress, and the status report shall be submitted within 3 weeks," the Bench ordered.
Further, the Bench perused the report of the NTF. The Court asked the SG as to what is the progress between September 5 and October 15, 2024?
To this query, the SG submitted that the last meeting took place on September 9. "They have some suggestions actually—it is submitted that approximately 7800 hospitals submitted information...," SG Mehta submitted.
The CJI questioned, "Why no meeting after that? Today it is October 15."
SG Mehta contended, "I can request the Secretary to expedite it...I think whatever the task force does is going to be long-lasting; thats why they are taking time."
The Bench directed that the meetings of the NTF should happen periodically, all subgroups should hold regular meetings, and this exercise is to be completed in three weeks.
Additionally, the Court perused an affidavit filed by the State of West Bengal. Senior Advocate Rakesh Dwivedi, appearing for the State of West Bengal, contended, "The little shortfall you may notice is with respect to the work to be completed in RG Kar; we got clearances for that now; in all other hospitals it is complete." Dwivedi also submitted that work with respect to RG Kar Medical College will be completed on October 31.
The Court noted, "The West Bengal Government has constituted a state-level grievance redressal committee (1) grievance redressal; (2) security audit at state and district levels. The verification of the security personnels deployed at the hospitals is also complete...court observes that the system monitors the online discharge, online drug prescriptions, etc. Online real-time bed vacation monitor will also be there."
"Integrated Hospital Management System (IHMS) ensures that the hospital referred should have (1) available beds; (medical facilities and medicines, etc.)," the Court added.
During the hearing, Advocate Vrinda Grover appeared for the family of the deceased victim.
With the aforementioned directions, the matter will now be heard after the Diwali vacation.
Pertinently, on September 30, the Court had 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 had said, "Why is the progress so tardy? We have been hearing this matter since some time now." It had also sought the progress report of the 'National Task Force.'
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]