Personal View Passed Off As Resolution Of EC: SCBA Executive Committee Members Object To 'Resolution' On RG Kar Hospital Incident Signed By Kapil Sibal

The Members of the Executive Committee (EC) of the Supreme Court Bar Association (SCBA) have written a letter to the Senior Advocate Kapil Sibal, President of the SCBA, after a resolution on the letterhead of the SCBA was put out, signed by Sibal, regarding the incident at the RG Kar Medical College and Hospital. The EC Members have alleged that the purported resolution of August 21, 2024 was not even placed before the EC.

Incidentally, Kapil Sibal is appearing for the State of West Bengal and its Police in the Suo Moto case registered by the Supreme Court after the horrific rape and murder.

The purported resolution signed by Sibal as the President of the SCBA appreciated the concern expressed by the CJI at the "malaise which is prevailing in the country". The said 'resolution' stated that the incident at RG Kar Medical College was "symptomatic of the malaise". The 'resolution' expressed hope that "such incidents that have taken throughout the country" are not repeated.

Executive Committee Members who have written the letter today to Sibal are Joint Secretary Sandeep Singh, Treasurer Sasmita Tripathy, Joint Treasurer Susheel Kumar Tomar, Senior Executive Members and Senior Advocates Pravin H Parekh and Shobha Gupta and Executive Committee Members Vikas Bansal, Ashish Kumar Sinha, Shashank Shekhar, Yogmaya MG, Anil C Nishani and Rachana Gandhi.

The letter says, "We are not privy to any deliberation of the EC on the said matter which culminated into any such Resolution. We have further spoken to some of the other EC Members and they are equally surprised by the Resolution...This Resolution was not placed before the EC nor discussed with any of us and seems it gives the impression that it is a Personal view expressed under your signature which is being passed off as a Resolution of the entire Executive Committee."

Out of the signatories, three persons, Ashish Kumar Sinha, Pravin H Parekh and Susheel Kumar Tomar have added that their consent was taken over WhatsApp.

Further, the letter signed by eleven Executive Committee members states that a unanimous resolution should have been passed on the matter after taking all EC Members into confidence.

The letter also condemned the gruesome incident which has taken place within the precincts of a reputed Government Medical College in Kolkata and the Members stand in solidarity with the victims.

The 'resolution' put out by Kapil Sibal stated, "Supreme Court Bar Association (SCBA) deeply appreciates the concern expressed by the Bench headed by Hon'ble the Chief Justice of India at the malaise which is prevailing in the country and the wanton violence against women in hospitals, including women interns and others. The SCBA endorses the historic steps taken by the Hon'ble Supreme Court of India to address these concerns, especially steps taken to put in place a policy framework along with protocols to prevent the recurrence of such barbaric incidents. What happened in R.G. Kar Medical College and Hospital symptomatic of the malaise...Now, that the investigation is handed over to the Central Bureau of Investigation, we trust that justice wil be done and the accused appropriately punished."

Today, i.e. on August 22, 2024, while hearing of 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.

On the last hearing, 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.