On 9th September, the Supreme Court of India expressed concerns over the state government’s handling of the RG Kar Medical College and Hospital rape and murder case. The court, led by Chief Justice DY Chandrachud, highlighted a 14-hour delay in filing the FIR and the absence of critical documents for the autopsy, such as the challan for the body.
The court also urged the striking doctors in West Bengal to resume their duties by 5 PM on Tuesday and warned that if the boycott continues, it may order disciplinary action against them. Kapil Sibal, representing the state, assured the court that no punitive action would be taken against the doctors if they returned to work.
Court’s directives for safety and security
The court instructed the Trinamool Congress (TMC) government to ensure a safe and conducive working environment for medical staff in hospitals across the state. It emphasised the need for secure duty rooms, clean restrooms, and CCTV coverage across campuses. Furthermore, the apex court ordered the police authorities to ensure the safety of the doctors, with assurances from district magistrates and superintendents of police for their protection. Reportedly, the funds earmarked to enhance facilities in government hospitals across the state have already been released by the state government.
Concerns over handling of the case and missing documents
During the hearing, the CJI expressed concerns over how the state government handled the case, specifically highlighting the 14-hour delay in filing the FIR and the absence of critical documents for the autopsy, such as the challan for the body. Solicitor General Tushar Mehta, appearing for the Central Bureau of Investigation (CBI), pointed out that the challan was an important document as it contains details of the materials sent with the body. The court questioned how the post-mortem could proceed without this formal request.
Discrepancies in forensics and investigation
The CBI raised several concerns during the hearing, including the handling of evidence, discrepancies in the timing of the unnatural death report, and the improper storage of blood samples. According to the CBI, the report indicated that the body was recovered at 9:30 AM in a semi-nude state with visible injuries.
The apex court asked for clarification on whether the complete CCTV footage was available and questioned who entered the premises after the accused had exited the crime scene. Sibal claimed that all evidence was video-recorded in the presence of a judicial magistrate. He also claimed there were some technical glitches in the CCTV, presenting it as the reason behind the submission of CCTV footage in parts.
State-central coordination issues
During the hearing, the court also addressed the matter of coordination issues between the West Bengal government and the Central Industrial Security Force (CISF) personnel deployed at the hospital. The CISF raised concerns about inadequate accommodation and the lack of security gadgets. The court directed both the state and CISF to resolve these issues by the end of the day.
The court directed the CBI to submit a fresh status report of the investigation by 17th September 2024.
