New Delhi: The Supreme Court of India has raised concerns over the absence of a key document required for the postmortem of a medic who was raped and murdered at the RG Kar Medical College in Kolkata.
On Monday, the Court ordered the Central Bureau of Investigation (CBI) to probe into the missing document. Additionally, the top court directed protesting doctors in West Bengal to resume work by 5pm on Tuesday, ensuring no punitive action, including transfers, will be taken against them upon resumption of work.
In the hearing led by Chief Justice D Y Chandrachud alongside Justices J B Pardiwala and Manoj Misra, it was noted that the ‘challan’ (a critical document) linked to the transfer of the body for the postmortem was missing.
Solicitor General Tushar Mehta, representing the CBI, confirmed that the challan was not in their records. Senior advocate Kapil Sibal, representing the West Bengal government, promised to provide an update on the document.
“Where is the challan of the body when it was handed over for postmortem?” questioned the bench.
The Court also emphasised the 14-hour delay by Kolkata Police in filing the First Information Report (FIR) regarding the rape and murder. The top court has asked the CBI for a fresh report on the case by September 17. Furthermore, it directed the immediate removal of victim photographs from all social media platforms to preserve her dignity and privacy.
On the security front, the Supreme Court reiterated the need for the safety of medical institutions in West Bengal. The directive was for all district magistrates (DMs) and superintendents of police (SPs) to take necessary measures to ensure the security of government medical colleges.
“All DMs, SPs in West Bengal to take stock of situation to ensure safety, security of government medical colleges,” the court advised.
Earlier in the session, the Court reviewed a report filed by the Solicitor General in a sealed cover, noting the ongoing investigation. The bench decided not to intervene in the CBI’s investigative process. Mehta also revealed that forensic samples related to the case would be sent to the All India Institute of Medical Sciences (AIIMS) for further examination.
“A status report has been filed by CBI, it appears that investigation is in progress, we direct the CBI to file fresh status report…We don’t want to guide the CBI on its investigation,” the bench remarked.
As part of the proceedings, the Supreme Court ordered a senior officer from West Bengal’s Home Department and a senior officer from the Central Industrial Security Force (CISF) to ensure accommodation for CISF personnel deployed at the RG Kar Medical College. The court also stipulated that any necessary requisitions or security gadgets for CISF must be provided immediately.
The next hearing is scheduled for September 17.
In preliminary statements, the West Bengal government informed the court that 23 people had died due to the ongoing doctors’ strike, initiated in protest over the tragic incident at the medical college. Sibal submitted a status report from the state health department.
“A status report has been filed. The state health department has filed a report. Tweny-three people have died as doctors are on strike,” Sibal informed the bench.
This case drew significant attention when, on August 22, the Supreme Court criticised the Kolkata Police for their delay in registering the unnatural death of the woman doctor. The incident was described as “extremely disturbing,” and the court questioned the police’s procedural delays and sequence of actions.
The Supreme Court had earlier created a 10-member National Task Force (NTF) to develop safety protocols for healthcare professionals. The horrific nature of the incident and the subsequent delay in registering the FIR was sharply criticised by the Court, which also condemned the allowance of mass vandalism at the state-run facility.
The junior doctor’s body, bearing severe injury marks, was discovered in a seminar hall of the hospital’s chest department on August 9. A civic volunteer was apprehended by Kolkata Police the following day in relation to the case. Shortly thereafter, the Calcutta High Court transferred the investigation from Kolkata Police to the CBI, which commenced its probe on August 14.
This horrific incident has sparked nationwide protests, leading to significant concerns about the safety and security of doctors and other healthcare professionals in the state of West Bengal. The Supreme Court’s actions and directives are aimed at ensuring a thorough investigation and addressing the larger issues of safety within medical institutions.
