Person Involved Must Be Punished As Quickly As Possible: West Bengal Promises Speedy Justice 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, before the Supreme Court today, Senior Advocate Kapil Sibal, appearing for the State of West Bengal, promised prompt proceedings in the high-profile case, emphasizing the state’s commitment to ensuring swift justice. "We are very keen that this case be taken forward very quickly...the State believes that as quickly as possible, the person who is involved should be punished," Sibal asserted in court.
Advocate Vrinda Grover, appearing for the family of the deceased victim, informed the Bench that charges have been framed against the main accused in the rape and murder case.
On perusal of the CBI's sixth status report, the Court noted that on November 4, the ASJ Sealdah framed charges against the accused, Sanjay Roy and the next date of hearing is on November 11. "Since investigation is underway, we refrain from making observations. Let an updated status report be filed after 4 weeks," the Court ordered.
On perusal of the report of the NTF, the Court noted that it has formulated recommendation in two categories: 1) Prevention of violence against medical professionals and providing safe working conditions; (2) Prevention of sexual violence against medical professionals. "For the purpose of implementation, the recommendations in category 1 have been classified into those which can be implemented in the short term, medium term and long term. The NTF has suggested that all measures shall be adopted by the healthcare institutions as well as States/UTs. We direct that the copy of report be made available to all counsels, also be supplied to Chief Secretaries to all states/UTs," the Court said.
Senior Advocate Vivek Sood, appearing for one of the petitioners, requested the Court to shift the trial proceedings out of West Bengal. However, the Court said, "We cannot cast apprehensions on our own judicial system. Let the trial start. Let it happen in West Bengal only, we are not shifting it, nor are we going to stop it at all."
Taking note of the submissions, the Court scheduled the matter for hearing after four weeks.
Pertinently, on October 15, the Bench had 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 Court had also scrutinized the progress of investigations and security measures, questioning the state's use of volunteers in sensitive areas.
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.'
It is to be noted that 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]
