New Delhi: The Supreme Court on Monday directed the Central Bureau of Investigation (CBI) to submit a fresh status report by September 18, 2024, on the progress of the investigation into the murder and alleged rape of a junior doctor at RG Kar Medical College and Hospital in Kolkata.
The case, taken up by the court on its own initiative, was presided over by a bench led by Chief Justice DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra.
During the hearing, the court noted that a status report had already been submitted by the CBI, indicating that the investigation was ongoing. The bench stated, “Status report has been filed by CBI, it appears that the investigation is in progress. We direct the CBI to file a fresh status report… we will take it up on Tuesday, let’s see what happens now.”
Both the CBI and the West Bengal government had submitted their respective status reports on September 9. Senior advocate Kapil Sibal, representing the West Bengal government, informed the court that the state health department had also filed a report and raised concerns about the impact of the ongoing doctors’ strike, which had led to 23 deaths.
Lapses in postmortem report?
A key issue flagged during the hearing was related to lapses in the postmortem report (PMR). A counsel pointed out procedural irregularities, noting that postmortems are not typically conducted after 6 pm. He further flagged that details, such as the time of the postmortem, the name and designation of the doctors were missing.
The SG further stated that the proper preservation of vaginal swabs was not done. The counsel also raised concerns over the condition of the victim’s body, including the position of her legs, which suggested potential mishandling.
Chief Justice Chandrachud questioned the missing paperwork, particularly the absence of a “challan” — a mandatory form that accompanies the body for postmortem. The CJI demanded an explanation from the CBI on this procedural lapse. The Solicitor General also acknowledged that the form was not present in the documents provided but suggested that it might exist with Sibal.
Sibal sought additional time to place the challan on record and informed the court that the Chief Judicial Magistrate had personally overseen the process, but no separate form had been filled out. The bench stressed the need for clarity on the postmortem procedures, especially if critical documents were missing.
SC stresses on protecting doctors
Emphasising the need to protect the safety and dignity of doctors, the CJI-led bench asked the West Bengal government to file on record the safety measures on site.
One of the counsels present in the courtroom flagged that the needs of doctors. She said, “Distress calls and CCTV be installed in all hospitals; management of the hospital should be the complainant; there should be some badge or wrist to ring alarm in case of violent incident.”
CJI Chandrachud directed the state government to not take any adverse actions against junior doctors and urged them to resume services. However, the CJI also stated, “We can record that if doctors resume to work, no adverse action but if they do not resume work as doctors then we cannot restrain state govt from taking actions.”
The bench questioned the effectiveness of the existing CCTV cameras after the alleged rape and murder of a junior doctor on the premises. “If 4,447 CCTV cameras were installed, then why would this incident take place?” asked the Chief Justice, highlighting a significant lapse in security.
The court directed the West Bengal government to provide a clear update on the security equipment installed at the medical college, beyond mere financial allocations. The bench instructed that specific details on the implementation of these measures be shared by the next day. Furthermore, it ordered district collectors to collaborate with the heads of medical colleges to ensure ground-level safety protocols are in place by the following week.
In the hearing, the court also addressed the 28-day mass strike by resident doctors in medical colleges across West Bengal, which has led to severe disruptions in healthcare services. The Chief Justice called for immediate action from the state to restore confidence among doctors regarding their safety. “The State of West Bengal must take steps to create a degree of confidence in the minds of doctors that their concerns regarding safety will be addressed,” Chief Justice Chandrachud stated.
The court underscored that the police must ensure adequate security measures are in place for all doctors. This includes providing separate duty rooms, appropriate toilet facilities, and the installation of CCTV cameras to monitor hospital activities, as a step toward safeguarding healthcare professionals.
Kolkata Doctor Case: Here’s what SC said in the last hearing
During the August 22 hearing, the Supreme Court criticised the Kolkata Police for the delay in registering the case as an unnatural death. The court also appealed to protesting doctors nationwide, urging them to return to work, emphasising that “justice and medicine” should not be interrupted. To safeguard the safety of medical professionals, the court issued orders for enhanced protection.
Earlier, on August 20, the Supreme Court described the doctor’s murder and alleged rape as “horrific” and established a 10-member National Task Force to create protocols ensuring the security of healthcare workers.
The junior doctor’s death, discovered on August 9 with severe injuries inside the hospital’s seminar hall, ignited protests across the country. The Kolkata Police arrested a civic volunteer in connection with the crime on August 10. On August 13, the Calcutta High Court handed over the investigation to the Central Bureau of Investigation (CBI), which commenced its inquiry the following day.
West Bengal Assembly passes anti-rape bill
West Bengal’s anti-rape legislation, the ‘Aparajita Woman and Child (West Bengal Criminal Laws and Amendment) Bill 2024,’ which proposes capital punishment for rape convicts if their actions result in death or leave the victim in a vegetative state, and life sentences without parole for other offenders, has been referred to President Droupadi Murmu for consideration.
Governor C V Ananda Bose sent the bill to the President on Friday, following receipt of a mandatory technical report from Chief Secretary Manoj Pant earlier that day, according to a Raj Bhavan official. “The Governor referred the ‘Aparajita Bill’ to the President after reviewing the technical report provided by the state government,” the official told PTI.
The Bill, which was unanimously passed by the West Bengal Assembly on September 3, had faced criticism from the Governor for lacking the required technical report when initially sent to him. Bose had also expressed dissatisfaction over the assembly and secretariat’s failure to provide the debate transcripts and translations as per procedural rules.
The Raj Bhavan further revealed that this Bill will now join similar legislation awaiting the President’s decision from Maharashtra, Andhra Pradesh, and Arunachal Pradesh. Bose, while reviewing the Bill, pointed out what he described as “glaring defects and lapses” and warned the state government against making rushed decisions that could have long-term consequences.
