The Supreme Court of India, during a hearing on the Kolkata rape-murder case, expressed strong dissatisfaction with the West Bengal government and hospital authorities over the procedural lapses in handling the case. A bench led by Chief Justice of India (CJI) DY Chandrachud questioned the significant delays and lapses in filing the First Information Report (FIR) and other procedural failures.

Key Concerns Raised by the Supreme Court

• Delay in Filing FIR:The court was critical of the three-hour delay in registering the FIR, especially after the body of the victim was handed over for cremation. CJI Chandrachud asked, “Why was the FIR registered only after three hours? What were the hospital authorities and the police doing during this time?”
• Hospital's Responsibility: The bench emphasized that in the absence of the victim's parents, it was the duty of the hospital to immediately register the case. The court also questioned, “How could vandals be allowed to enter the hospital? What was the Principal of the hospital doing?”

Scrutiny on Hospital Authorities

The father of the victim was the first to file the FIR, followed by the Vice Principal of RG Kar Medical College and Hospital. Sandip Ghosh, who resigned as the Principal of RG Kar Medical College two days after the incident, has been under intense scrutiny by the Central Bureau of Investigation (CBI). He has been questioned for nearly 53 hours over four days regarding his actions following the doctor’s death.

West Bengal Government’s Defense

Kapil Sibal, representing the West Bengal government, argued that a case of unnatural death was initiated immediately after the incident. He noted that photos were taken at the hospital, and a board was set up with a judicial magistrate present. 

Mob Violence and CISF Deployment

In light of the mob violence that erupted at the hospital in the early hours of Thursday, with allegations that the Kolkata police fled the scene, the Supreme Court ordered the deployment of Central Industrial Security Force (CISF) personnel to secure the hospital premises.

National Task Force Constituted

Observing that the safety and well-being of doctors is a matter of national interest, the Supreme Court on Tuesday, August 20,2024, constituted a 10-member National Task Force (NTF) to develop a protocol for ensuring the safety and security of medical professionals. This decision comes in the wake of the tragic rape and murder of the trainee doctor in Kolkata.

Suo Motu Cognizance and CBI Involvement

The Supreme Court’s suo motu cognizance of the case, titled “In Re: Alleged rape and murder incident of a trainee doctor in RG Kar Medical College and Hospital, Kolkata, and related issue,” holds particular significance given that the Calcutta High Court had already transferred the investigation to the CBI.

CBI Issues Statement Against Fake Letter

In a recent press release, the Central Bureau of Investigation (CBI) warned the public about a fake letter circulating that falsely claims the agency is withdrawing from the investigation due to political pressure. The CBI clarified that the letter is fraudulent and that their investigation continues.

Bengal Governor’s Statement

Bengal Governor CV Ananda Bose expressed relief over the Supreme Court’s involvement in the case, stating that the entire nation is reassured by the court’s intervention. 

This case has garnered nationwide attention, and the Supreme Court’s directives are seen as crucial steps in ensuring justice and protecting the safety of medical professionals in India.

Key Points of the Hearing

• Next hearing will take place on August 22,2024
• The Supreme Court ordered the deployment of CISF personnel to secure the hospital premises.
• The Court has ordered CBI to submit status report on August 22,2024.
• It was duty of hospital's administration to file FIR in absence of victim's parents.
• Principal of the hospital has been under intense scrutiny by CBI.