During the second day of hearings in the suo motu case concerning the rape and murder of a trainee doctor at Kolkata’s RG Kar Medical College and Hospital, the Supreme Court on Thursday criticized the Kolkata Police for deviating from standard procedures outlined in the Criminal Procedure Code (CrPC). The Court described the delay in registering the case of unnatural death as “extremely disturbing” and questioned the sequence and timing of the legal formalities conducted by the police, including the registration of the unnatural death and the postmortem.
The Court’s scrutiny follows a sealed report submitted by the Central Bureau of Investigation (CBI) on Thursday, detailing the current status of the investigation. This report was requested by the Supreme Court on the first day of hearings, which also saw the Court express dissatisfaction with the West Bengal government’s handling of the case. The Court criticized the filing of the FIR, the actions taken against the college principal, vandalism near the crime scene, the initial portrayal of the incident as a suicide, and the delay in allowing the victim’s parents to view the body.
On the first day of the hearings, the Supreme Court formed a 10-member National Task Force to develop a comprehensive protocol for ensuring the safety and security of healthcare workers in their workplaces.
CBI vs. West Bengal Government
During Thursday’s hearing, Solicitor General Tushar Mehta, representing the CBI, claimed that significant changes were made to the investigation on the fifth day after the CBI took over from the Kolkata Police. In response, Senior Advocate Kapil Sibal, defending the West Bengal government’s handling of the probe, argued that all actions were properly documented and not altered.
Court’s Observations and Concerns
Justice Pardiwala, commenting on the proceedings, expressed shock at the procedural anomalies, stating, “I have not come across such procedure in my entire life as a lawyer or judge.” The Court was particularly surprised that the postmortem was conducted before the registration of the case as an unnatural death.
The Court also expressed concern about the long working hours endured by resident doctors, some of whom work up to 36 hours at a stretch. The Court indicated that the National Task Force would address this issue to streamline duty hours for resident doctors.
The CBI took over the investigation from the Kolkata Police following an August 13 order from the Calcutta High Court, which instructed the police to transfer all case documents to the CBI. The central agency has since completed the necessary formalities and commenced its investigation.
