Kolkata Rape-Murder Case SC Hearing Highlights: Supreme Court urges doctors to return to work; states to ensure maintenance of public safety

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The Supreme Court will resume hearing in the Kolkata doctor rape-murder case on September 5.

While concluding the hearing for today, the Supreme Court urged doctors to return to work and asked the states to ensure the maintenance of public safety.

The CJI-led bench declined to pass any order for security by the state at private hospitals.

Sibal: Your leader says they will shoot!

CJI: Don’t politicize this, the law is taking its course. We are also concerned about the welfare and safety of doctors. We will not such lay down guidelines. We will enforce the protocols

CJI: So far, as the community of the doctors is concerned, they must return to work

SG: We have the statement of a sitting minister of West Bengal. He says that if anything is talked against our leader, fingers will be chopped off.

During the hearing, CJI Chandrachud said, “Undoubtedly, the suggestions of the representatives be taken by the National Task Force; we direct a portal to be open at the website of the Ministry of Health for the suggestions to be taken by the NTF.”

CJI: The principal should have directly registered a FIR… the moment he tendered resignation he was appointed as a principal of another college.

Sibal: Yes, we will say all of that.. now we all have swiss bank accounts also.. as per social media

SG: It came from your current client (Bengal government)..

Sibal: Oou are focussing on state of West Bengal and not the investigation.

CJI: Let the investigation go on by CBI into the death and let Kolkata Police probe the vandalism. We never said that normal law procedure will not be followed. Only that do not arrest for only protesting.

(With inputs from Bar and Bench)

During the hearing, Kapil Sibal, appearing for the West Bengal government, said, “We have followed the guidelines to the T, Regulation of 68.”

To which, the CJI replied, “But that doesn’t justify the registration of the FIR at 11.30 pm, body was recovered at 9:30 am. Why was the FIR filed 14 hours later?”

Court breaks for lunch. To resume hearing at 2pm.

As the bench continued to question the sequence of events that took place after the incident came to light and the girl’s semi-naked body was found, Kapil Sibal said, “Everything is present in the case diary and the case diary has been given to the CBI as per the High Court’s order. The case diary also mentions unnatural death, post-mortem and inquest proceedings. All this is before 11:00 pm, so how can it be challenged? The inquest proceeding (mandatory procedure to be followed after an unnatural death) is of 4:40 PM in the evening.”

Counsel interjected the hearing to claim that the post-mortem referred to 150 grams of semen.

CJI Chandrachud rebuked the counsel and said, “Don’t use social media to make arguments, we have the PMR before us, don’t read what is there on social media.”

As the Supreme Court bench continued to grill the Bengal government and questioned the sequence of case registration, postmortem, it observed, “If it’s not a case of unnatural death, then why was it taken for postmortem. Postmortem starts at 18:10 and ends at 19:10, what was the idea in registering in UD (unnatural death case) at 23:30 hours. UD case was registered at Thala police station at 23:30 hour and FIR was registered at 23:40 hour. It’s very surprising postmortem precedes the registration of UD. If this is the fact then there is something dangerous.”

The Supreme Court has asked the Kolkata Police officer, who registered the first entry about the rape-murder incident, to appear on the next hearing to disclose time of the filing of report. (PTI)

During the hearing, Justice Pardiwala said, “The entire procedure followed by your State is something which I have not come across in the 30 years of my….the first thing, is it true that the UD was recorded at 10:30 hours? second, who is this asst. Superintendent Non-Medical, her conduct is also very doubtful, why did she act in this manner?”

Justice Pardiwala says, “The procedure followed by the police in criminal law is not as stated in the CrPC or what I have seen in my 30 years of career. So is it true that an unnatural death report was given after the post-mortem.”

Solicitor General Tushar Mehta appearing for the CBI has alleged that the scene of crime in the Kolkata case had been tampered with and that the agency took charge of the crime scene on the fifth day.

The West Bengal government refuted the claim, stating that “everything was videographed” and that it has a detailed timeline of each event.

The Counsel appearing for the protesting doctors said that the overworked doctors in hospitals do not have the physical energy to resist even in case of teasing.

The SC has said that it expects that no stone will be left unturned to ensure justice in the Kolkata rape and murder case. It also went through the status reports submitted by CBI and State government.

CJI Chandrachud shared a personal story, revealing that he once slept on the floor of a public hospital when a relative was unwell and admitted for treatment.

CJI DY Chandrachud has said let the protesting doctors return to work. He said that once the doctors resume their duties, authorities will be asked not take adverse actions. “How will public administrative structure run if they don’t resume work,” he added.

The Supreme Court has resumed its hearing on the suo motu petition on the rape and murder of a doctor in Kolkata’s state-run RG Kar Medical College and Hospital.

CISF personnel have been deployed at the RG Kar Medical College and Hospital in Kolkata amid protests by junior doctors. The investigation in the case of rape and murder of a doctor at the hospital premises is presently ongoing.

Following the Supreme Court’s order on August 20, the CBI will submit the investigation report in a sealed cover to Chief Justice of India DY Chandrachud.

The Supreme Court is scheduled to resume hearing pleas today at 10.30 am concerning the rape and murder of a doctor at RG Kar Hospital in Kolkata. After an initial hearing on August 20, the court will review reports from the CBI and the West Bengal government to determine the next steps.

The Bengal government has appointed professor Manas Kumar Bandopadhyay as the principal of RG Kar Medical College and Hospital in Kolkata. He was appointed after Suharita Paul was sacked by the state government.

The state government on Wednesday removed the principal of RG Kar Medical College and Hospital, Suharita Paul, vice principal MSVP Bulbul Mukhopadhyay and the head of the chest medicine department, Arunabh Dutta Chowdhury, from their posts. They were shunted after protesting doctors met top officials of the state health department and demanded an overhaul of staff at the hospital.

The National Federation of Resident Doctors of AIIMS has moved an intervention application to the Supreme Court, highlighting the concerns of various resident doctors in all AIIMS across the country.

In the application, the NFRD has sought the top court to intervene in the ongoing matter whereby the top court has initiated a petition on its own to ensure the safety of the health professionals.

United Doctors Front Association and the Federation of All India Medical Associations (FAIMA) were among a few other organisations that have also moved the top court, seeking to intervene in the suo motu petition. (ANI)

West Bengal Governor CV Ananda Bose paid a visit to the family of the trainee doctor, in North 24 Parganas, who was found dead after being raped at RG Kar Medical College and Hospital in Kolkata.

“I came here straight from Delhi to meet the parents (of the deceased) and to understand their sentiments. They told me certain things. I would keep them confidential now. Based on the information that I have, I will write a letter today and send it to the Chief Minister in a sealed cover. I will discuss the rest of the things with you later,” Ananda Bose told media, PTI reported.