The Supreme Court is currently reviewing a grievous case involving the rape and murder of a 31-year-old trainee doctor at RG Kar Medical College and Hospital in Kolkata. This horrifying crime occurred in the hospital seminar room on August 9, and the court is presided over by Chief Justice DY Chandrachud alongside Justices JB Pardiwala and Manoj Mishra. The Chief Justice has mandated the CBI to present a new status report by the next hearing date, indicating the court’s proactive approach to ensure thorough investigation.
The need for enhanced security at RG Kar Medical College was heightened during the proceedings, prompted by concerns raised by Solicitor General Tushar Mehta. The court responded by instructing that senior officials from both the CISF (Central Industrial Security Force) and the state’s home department collaborate to ensure proper accommodation for security personnel within proximity to the hospital.
Security Measures and Challenges
In a decisive move, the Supreme Court has required that all necessary arrangements for the CISF personnel be organized without delay. This includes ensuring that security equipment is made available by 9 PM that very evening to bolster the safety framework around the hospital, reflecting the urgency of the situation.
Concerns with Post-Mortem Procedures
During the hearings, contentious issues surrounding the post-mortem report were raised. A lawyer highlighted that vaginal swabs that should have been preserved at 4 degrees Celsius were not maintained appropriately, potentially compromising vital evidence. Solicitor General Mehta further pointed out that the post-mortem report lacked clarity regarding the timing of the examination. He emphasized that the initial five hours in a rape and murder case are crucial, a timeline severely hindered by the CBI’s delayed intervention five days after the incident.
Investigation and Evidence Review
The court has been actively questioning related procedural delays, particularly regarding documentation linked to the post-mortem. Uncertainties arose when senior advocate Sibal indicated he would need additional time to procure necessary documents. In response, Mehta acknowledged that some pertinent documents were missing from the case file handed to him.
Focus on Coordination Between Authorities
During preliminary hearings on August 22, the Supreme Court took cognizance of the case without formal complaint, underlining its importance. A recent application from the Centre accused the West Bengal government, led by Chief Minister Mamata Banerjee, of insufficient cooperation with the CISF deployed for the security of the RG Kar Hospital.
Findings from the Medical Report
In a notable development, Solicitor General Mehta submitted the medical report in court, categorizing the victim’s death as a homicide with evidence of coercion and sexual assault. This critical information suggests a need for a deeper investigation, prompting the CBI to forward the findings to AIIMS for a detailed re-examination.
Addressing Female Security Personnel Needs
Concerns regarding the adequacy of housing for female CISF personnel were also brought to the court’s attention. SG Mehta reported that three companies of women CISF personnel faced challenges due to inadequate accommodations, which require a significant commute of about 1.5 hours. Senior advocate Sibal countered this, stating that many CISF personnel were already stationed at RG Kar Hospital, indicating a need for enhanced oversight on resource allocation.
Supreme Court to Review CBI Investigations
Chief Justice Chandrachud has expressed an intent to stay informed about the status of the investigation, urging the CBI to submit a comprehensive report that includes any new findings by next week. The Chief Justice’s remarks reflect a commitment to ensuring a rigorous investigation while allowing the CBI the autonomy to proceed without undue influence.
Clarification on Death Registration Timings
Critically, advocate Sibal pointed out discrepancies in the registration of the victim’s death. The death certificate was issued at 1:47 PM, while police records indicated it was logged as ‘unnatural’ at 2:55 PM. This prompted Chief Justice Chandrachud to seek clarification regarding the timeline of events surrounding the victim’s death, emphasizing the court’s thorough scrutiny of procedural accuracies during the investigation.
