The Calcutta High Court on Friday again came down heavily on the West Bengal government over the RG Kar Medical College Hospital rape and murder incident, and transferred the case of vandalism in the hospital to the CBI. The court has already handed over the probe into the rape and murder of trainee doctor Moumita Debnath to the central probe agency.
The state claimed that police tried to stop the mob, but they were outnumbered by around 7000 strong mob and could not prevent the attack, adding that several cops were injured. The court responded by saying how police will protect the doctors and others if they can’t protect even themselves.
Unsatisfied with the replies of the state, the court even threatened to close down the hospital and shift the patients to a different hospital. The division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya made the observations while hearing the matter of the attack on the RG Kar Medical College and Hospital on 14th August, amid the protests by doctors and students demanding justice for Moumita Debnath.
The state counsel informed the court that a mob of around 7000 attacked the hospital, and the numbers swelled quickly. Despite resistance by police who fired tear gas shells, the mob broke the barricade and vandalised the hospital. The state counsel said that 15 police personnel were injured, the DCP was seriously injured, police vehicles were damaged, and the emergency room was also ransacked.
To this, the CJ wondered why police intelligence didn’t know about the attack beforehand. Chief Justice TS Sivagnanam said, “Normally the police always has an intelligence wing. Similar things happened on Hanuman Jayanti. If 7000 people are to gather, it hard to believe the state police did not know.” When the state counsel said that no permission was granted for the crowd to assemble, the court asked why section 144 of CrPC was not imposed as already so much commotion was going on.
“You pass 144 CrPC orders for any reason, when so much commotion is going on, you should have cordoned the area,” the CJ said. The state counsel said that the mob gathered at night suddenly, the CJ lambasted the state for the failure, saying “this is an absolute failure of state machinery.”
The court also slammed the police for not even being able to protect themselves from the mob. The chief justice asked, “they couldn’t protect their own men? Sorry state of affairs. How will these doctors work fearlessly?” The court noted that while the police are taking steps now, no preventive measures were taken.
Sr Adv Bikash Ranjan Bhattacharya told the court that hours after the High Court transferred the case to CBI, demolition was carried out at the hospital. “They demolished a portion after the order of the HC. In the night, when there was demonstration, there was a speech by the CM. In the dead of night hooligans attacked the place of demonstration by the doctors. Then they vandalised the hospital and the police. The police hid behind the demonstrators.” the Advocate Bhattacharya appearing for the petitioners said.
He added that the hooligans went to look for the third floor, where the crime scene is located. But as Third floor is called fourth storey in Bengali, they misunderstood and went to the second floor instead, thereby saving the crime scene. The advocate said that this proved that the attack was pre-planned.
The state counsel tried to defend the demolition by arguing that the demolition didn’t take place near the crime scene. But the court shot back, asking what was the urgency to carry out the demolition for renovation at this time. The court said that so many govt buildings like district courts lack basic amenities like ladies washrooms, and therefore there was no need to start renovations at the hospital when investigation into the case is going on.
Angered with the responses of the state, the court said, “we will close down the hospital. We will shift everyone. Close the hospital.” The court asked how many patients are there in the hospital. When the state pleaded that the crime scene is secured, the court agreed to take their word, but said that the attack on police shows failure of law and order situation.
Court: we will close down the hospital. We will shift everyone. Close the hospital. How many patients are there?
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State: the crime scene is secure
Court: okay we take your word. You should also be disturbed! Being a…
The court said, “could this vandalism had been prevented is the question. Who did it comes later. What is the reason to break all facilities. Can never be understood. The police are also injured. Therefore, had the law and order failed? Something is required to inspire our confidence. The issue is that if this thing which happened on 14th, what will happen if it is repeated? If police got injured and couldn’t stop the mob, the law and order situation had failed?”
When the counsel of the principal said his house is threatened to be set on fire, court asked him to stay at home. The court said, “state is with you, they will give you 400-500 police people. Or you make an application, we will give you central forces.”
The court then handed over the probe into the mob attack on the hospital to the CBI. The division ordered the police to record the entire sequence of events leading to the incident. “We direct those incharge of the hospital to narrate the state of affairs over there,” the court further said, adding that the investigation team of the CBI shall also file an interim report regarding the investigation.
