A bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra heard the RG Kar rape and murder case, and fixed Tuesday (September 17) as the next date of hearing.
The Supreme Court has urged doctors on protest in West Bengal to return to their duties by 5 pm on Tuesday (September 10), and asked the police and the state administration to ensure their safety. The top court, however, has cautioned that the doctors could be liable for disciplinary action if continuous abstention from work continued. In a hearing on Monday, the top court noted that the abstention of doctors for the last 28 days had hit the healthcare system of West Bengal, which submitted in the court that 23 patients died during this period due to the disruptions.
Junior doctors of state-run medical institutes, as well as private facilities, launched an indefinite protest against the rape and murder of a trainee doctor at RG Kar Hospital in Kolkata on August 9. Since then, they have boycotted their duties in demand for justice for the victim.
The case was heard by a bench comprising Chief Justice DY Chandrachud, and Justices JB Pardiwala and Manoj Misra. The court ensured of providing facilities to the junior doctors when they come back to their work.
“We know what is happening on the ground, but doctors must now come back to work, they cannot say senior doctors are working so we will not work, we have put everyone on notice,” the top court said. “Protests can’t be at the cost of their duties.”
Further, it directed the Central Bureau of Investigation (CBI) to file a fresh status report in the court by next week with additional inputs. “We will take the case next week on Tuesday, September 17, let’s see what happens now…CBI is doing it, we don’t want to guide CBI on its investigation,” CJI Chandrachud said.
‘Return to Work By Tomorrow’: SC to Doctors
Addressing the concerns of doctors, the top court remarked that if the doctors come back to their duty from tomorrow by 5 PM, no adverse actions will be taken against them by the state government.
“We can record that if doctors resume work, no adverse action but if they do not resume work as doctors then we cannot restrain state govt from taking actions,” the Supreme Court remarked.
How Was Autopsy Conducted Without Any Formal Request?
The Supreme Court asked the West Bengal government how the autopsy of the trainee doctor was conducted without any formal request. CJI Chandrachud asked, “Where is the challan of the body when it’s handed over for post-mortem?”
SG Mehta informed the court that the challan was not part of their record. “It’s crucial because this column contains what other material was sent along with the body,” he said. He added that doctors can’t accept the body in the absence of the challan. The CBI also didn’t have the challan.
“How was the post-mortem carried out in the absence of a formal request?” the Chief Justice asked.
Remove Photos of Victim From Social Media: SC
The apex court directed the authorities to remove all photos of the victim from social media immediately. “Damage has been done by circulation of these photographs. All photographs of the dead body are to be removed forthwith,” said the court.
Delay Of Over 14 Hours In Filing Of FIR: CJI
The Chief Justice noted that there was a delay of over 14 hours in the filing of the FIR in the RG Kar Hospital rape and murder case. The remark came after an advocate said that the court doesn’t have the exact time of the death. “There is some clarity on when the body was discovered and the movements around it,” the advocate said.
‘If Documents Missing, Something Has Happened’
The top court sought to know from SG Mehta whether they had the letter when the body was dispatched for post-mortem. Responding to the query, Sibal said that he could not find the document immediately and sought time to place it on record. Meanwhile, Mehta claimed that it was not in the file handed to them.
Advocate Flags Questions on Post-Mortem Report
An advocate raised various questions on the post-mortem report and said the vaginal swab, which had to be preserved at 4 degrees Celsius, was not done.
Solicitor General Tushar Mehta said the post-mortem report does not say the time it was conducted. He further said that in the case of rape and murder, the first 5 hours are crucial and CBI has its challenges when they come to probing after 5 days of the incident
Solicitor Submits Victim’s Medical Report
SG Mehta submitted the medical report in court that states, the victim’s death was homicidal, with evidence of forceful penetration and sexual abuse. He mentioned that the CBI will be sending it to AIIMS for retesting.
Solicitor Flags Issue Related to Female Security Personnel
Solicitor General Tushar Mehta flagged the issue related to security personnel being deployed in RG Kar Medical College. He said, “There are three lady companies of the CISF which are not provided adequate accommodation. It takes 1.5 hours to travel.” Responding to the issue, Sibal claimed that most of the CISF troops are staying at RG Kar Hospital, and the rest are away.
The top court directed that a senior officer of the state home department along with the senior CISF officer shall jointly ensure that all three companies are duly provided accommodation in the vicinity.
SC Seeks Fresh Probe Report From CBI
CJI DY Chandrachud noted the status report filed by the CBI and the ongoing investigation into the case. It directed the probe agency to file a fresh status report in the court by next week with additional inputs. “We will take the case on Tuesday, let’s see what happens now…CBI is doing it, we don’t want to guide CBI on its investigation,” the CJI remarked.
SC Asks For Clarification on Time of ‘Unnatural Death’
Sibal claimed that the death certificate of the victim was issued at 1:47 pm, while her death was lodged as unnatural at the police station at 2:55 pm. Chief Justice DY Chandrachud had asked for clarification on the two timelines.
CBI Files Fresh Status Report In SC
The Central Bureau of Investigation (CBI) submitted the status report of the investigation to the top court. Senior Advocate Kapil Sibal, appearing for the West Bengal government, informed the top court that 23 people have died, as a consequence of the doctors’ strike.
Mamata Urges Sircar to ‘Reconsider’ Resignation
West Bengal Chief Minister Mamata Banerjee urged TMC MP Jawhar Sircar, who on Sunday announced his resignation as the party’s Rajya Sabha member in the wake of the RG Kar Hospital rape and murder case, to reconsider his decision.
In a letter to Banerjee on Sunday, the parliamentarian mentioned about his plan to travel to Delhi to submit his resignation to Rajya Sabha Chairman Jagdeep Dhankhar. After Sircar’s decision, Banerjee dialled him and urged him to reconsider his move, claimed reports.
Sircar also wrote that he had thought Mamata Banerjee would interfere in the RG Kar Hospital case in the “old Mamata style.”
“I thought you would interfere in the ongoing movement in the old Mamata style, but I did not see it,” he said adding that ongoing agitation of doctors was against the “unchecked overbearing attitude of the favoured few and the corrupt”.
Victim’s Mother Accuses Kolkata Police Of ‘Cover-Up’ Attempts
Joining a large-scale protest demanding justice for their young daughter, the parents of the victim on Sunday accused the Kolkata Police of ‘covering up’ the crime that took place on August 9 inside RG Kar Hospital.
The father of the victim said the huge public support gave them the courage to voice their demand for justice for their young trainee doctor. “We won’t get justice easily. We have to snatch it. This will not be possible without everybody’s help and support,” he was quoted as saying by the news agency PTI.
The mother of the victim said that whenever she thinks about the pain experienced by her daughter on that night, she shudders. “She had dreams to serve the society, Now, all these protesters are all my children,” said the mother of the victim accusing the Kolkata Police of not helping them.
Bengal Guv Asks Mamata to Replace Top Cop
West Bengal Governor CV Ananda Bose on Sunday directed Chief Minister Mamata Banerjee to hold an immediate emergency Cabinet meeting to discuss people’s demand to replace Kolkata Police Commissioner Vineet Goyal.
Asserting that state authorities cannot shirk their responsibility or remain silent on such serious cases, Bose said that the state government must function in line with the Constitution and the rule of law. “The ostrich-like attitude will not pay,” he said.
‘Reclaim The Night’ Protest March in Kolkata
Thousands took to the streets of Kolkata on Sunday midnight to mark one month of the horrific incident that took place on August 9. Forming human chains, the protesters demanded justice for the victims in the third edition of the ‘Reclaim the Night’ protest march.
Also, members of the Indian diaspora organised protests on Sunday in 130 cities across 25 countries, demanding justice for the trainee doctor who was raped and murdered at the RG Kar hospital in Kolkata.
One of the protestors told news agency ANI, “The Bengal Chief Minister is of no use; she only cares about saving her position. If we do not get justice, we will stage a bigger protest.”
