On Tuesday, the Supreme Court held a hearing on the Kolkata rape and murder case, directly questioning the Mamata Banerjee government of West Bengal, the police, and the hospital administration. The bench comprising CJI DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra streamed the hearing live, severely criticizing the delay, negligence, and cover-ups in the case. The SC directed the Central Bureau of Investigation (CBI) to submit a status report by Thursday. The Supreme Court stated that a National Task Force would be formed to consider the safety of doctors at workplaces. This task force would include doctors to inform about the procedures to be adopted nationwide to ensure security.
On the night of August 9th, the body of a 31-year-old trainee woman doctor was found at Kolkata's RG Kar Medical College and Hospital. The incident took place in the seminar hall. There were evidence of injuries and bleeding on her body. The investigation revealed that the doctor was raped and then murdered. Police arrested the accused, Sanjay Roy, who was subsequently jailed. However, it is not ruled out that multiple people might be involved in this incident. The Kolkata High Court transferred the investigation from the police to the CBI, which continues to interrogate the former principal of the hospital.
Supreme Court’s Questions to the Government...
The CJI asked why the principal was transferred to another college. The court expressed concern over the revelation of the victim’s identity. Showing the victim’s photo and body post-mortem is alarming. The victim's images and name being circulated on social media is extremely worrying. The CJI stated that the victim's identity was revealed everywhere, which should not have happened. The CJI questioned the West Bengal government if the principal had declared the murder as a suicide. Were the victim's parents informed late? Were they not allowed to meet the victim? The SC questioned the West Bengal government on who would ensure the doctors' security in the hospital. The government responded that the police would provide security. The Solicitor General Tushar Mehta, representing the center, said that the CISF would provide security, to which the SC agreed. The CJI mentioned that Bengal police were unable to ensure the security of RG Kar hospital, and hence, they wanted CISF to take over security responsibilities.
Questions to the Hospital...
The three-member bench chaired by CJI DY Chandrachud reprimanded the West Bengal government and hospital administration. The CJI commented that the victim's parents were not present at the time of the incident. It was the hospital administration's responsibility to file the FIR. The CJI questioned why the FIR was filed late and what the hospital administration was doing during that time. The CJI asked what the principal was doing at that time, and why the body was handed over to the parents late. The SC asked who and when filed the first FIR in the case. The CJI was informed that the first FIR was registered at 11:45 PM that night. The CJI questioned if the FIR was filed 3 hours and 30 minutes after handing over the body to the parents.
Questions to the Police...
The court criticized the West Bengal government and police for the delay in filing FIRs. The court remarked that initially, no FIR was registered in the matter. It questioned what the police were doing when such a serious crime had occurred. Was the crime scene protected by the police? The CJI asked why the police allowed many people inside the hospital. The police's primary responsibility was to secure the crime scene. The bench asked what the police force was doing when thousands attacked the hospital. The government said 150 police officials were present during the mayhem, and none left their posts. The CJI advised the West Bengal police to take the questions seriously.
Message to the Striking Doctors...
The CJI expressed the intention to form a National Task Force involving all doctors. The CJI urged doctors to trust the judicial system. The CJI called upon striking doctors to return to work as the healthcare system is in their hands. The court reassured the doctors of their security, stressing that it would not leave such significant matters in the hands of the High Court, considering it a national issue.
Solicitor General Tushar Mehta emphasized the gravity of the matter, dealing with the rape of a young doctor by a sexual deviant. He stated that it should not be considered a political issue. There was a delay of three hours for the parents to see their daughter’s body. Senior advocate Kapil Sibal appeared on behalf of the West Bengal government.
The establishment of a National Task Force has been initiated, with a report expected within three weeks. This task force would inform the court of the measures to be adopted nationwide to ensure the safety of medical professionals.
The Solicitor General accused the West Bengal government of not sharing anything with the CBI. The government contended that they had provided the case diary to the CBI. The CJI pointed to the grave issue of parents recalling their daughters, attributing blame to the inaction of Kolkata police.
Members of the Task Force...
- Surgeon Vice Admiral Aarti Sarin, Director General Medical Services (Navy).
- Dr. D Nageshwar Reddy.
- Dr. M. Srinivas, Director AIIMS Delhi.
- Dr. Pratima Murthy, NIMHANS Bangalore.
- Dr. Govardhan Dutt Puri, AIIMS Jodhpur.
- Dr. Saumitra Rawat, Member Ganga Ram Hospital, Delhi.
- Professor Anitha Saxena, Vice-Chancellor.
- Dr. Pallavi Saipale, JJ Group Hospitals.
- Dr. Padma Srivastava, Chairperson Neurology, Paras Hospital Gurgaon.
