On Tuesday, August 20th, the Supreme Court’s three-judge bench, headed by Chief Justice DY Chandrachud, strongly criticized the Mamata Banerjee government and the authorities at the government-run hospital for its handling of the investigation into the RG Kar rape and murder case. During the proceedings, senior advocate Kapil Sibal, representing the state, was observed shifting the responsibility for the delay in filing the FIR onto the destitute parents of the deceased doctor.
During the proceedings, the bench criticized the state for the delay in filing the FIR. CJI asked why the FIR was not registered until 11:45 pm though the victim’s body was handed over to the parents at 8:30 pm. CJI questioned why the FIR was filed 3.15 hours after the body was handed over.
Sibal quickly responded by claiming that the delay occurred because the deceased victim’s father refused to file the complaint.
In a recorded video of the Supreme Court proceedings shared by Lawbeat on X, the senior advocate is heard conveniently placing the blame for the delay in the investigation—which should primarily be the responsibility of the state government—onto the father of the deceased doctor.
“This is the problem, they said we are in shock. Do whatever you want to do,” Sibal is heard saying at around 1.44-minutes in the video.
“You filed FIR 3.15 hours after cremation of the young doctor victim”: #CJI wraps West Bengal Gov in Kolkata rape and murder case hearing yesterday #SupremeCourt #RGKarMedicalCollegeHospital pic.twitter.com/QIVSH9J0dQ
— LawBeat (@LawBeatInd) August 21, 2024
CJI Chandrachud asked Sibal, “What were the principal, and the hospital board, doing during this time?” He said was not it the hospital’s duty to file the FIR, especially in the absence of the victim’s parents.
The Chief Justice further remarked, “It appears the crime was discovered in the morning. The hospital’s principal attempted to dismiss it as a suicide, and the parents were not permitted to see the body. No FIR was filed.”
The Chief Justice also pointed out that despite the Calcutta High Court’s directive to the West Bengal Health Department not to reappoint Sandip Ghosh, the principal of RG Kar Medical College and Hospital, to any other medical college until further notice, Ghosh was reassigned as the principal of another college soon after his resignation.
The Supreme Court, which on Tuesday started the suo motu petition, also raised concerns about the vandalism incident at the RG Kar Medical College and slammed the state government for its failure to handle the issue of vandalism at the hospital. “We are unable to comprehend how the state was not able to handle the issue of vandalism at the hospital,” CJI said.
Expressing strong dissatisfaction with the West Bengal government and the authorities at the government-run hospital for the delay in filing the FIR and other procedural lapses in handling the case, Chief Justice DY Chandrachud pointed out that current laws do not adequately address institutional safety standards for doctors and medical professionals.
The Supreme Court bench later constituted a 10-member national task force (NTF) comprising top doctors of the country to formulate a national protocol for ensuring safety and facilities for doctors.
