SC asks doctors to end hoopla over Kolkata horror | Latest News India

The court, headed by Chief Justice of India Dhananjay Y Chandrachud, emphasised that no action would be taken against the doctors if they returned to work, but warned that further absence could result in disciplinary action under relevant laws.

In another directive, aimed at protecting the dignity and privacy of the victim, the bench, also comprising Justices JB Pardiwala and Manoj Misra, ordered that the victim’s photos be removed from all social media platforms and media outlets to protect her dignity and privacy.

However, protesting doctors in Kolkata announced that they would continue their protest.

The incident that has rocked West Bengal involves the rape and murder of a doctor who was found dead on the premises of a hospital on August 9. A day after the crime, the city police arrested Sanjoy Roy, a citizen volunteer of the Kolkata police. The case, currently being probed by the Central Bureau of Investigation (CBI), has sparked massive protests across the state, with healthcare workers demanding better security in government healthcare facilities.

SC questions Bengal’s delay in FIRThe top court, which was monitoring the probe into the case after initiating a suo motu proceeding, had asked the West Bengal government to clarify the matter after Solicitor General (SG) Tushar Mehta, appearing for the CBI, pointed out the discrepancy between the time of entry in the General Diary (GD) and the time of registration of the FIR.

According to senior advocate Kapil Sibal, appearing for the West Bengal government, the GD entry, which is the initial record of the incident, was made at 2.55 pm. However, Mehta replied that the FIR was registered only at 11.45 pm, raising questions about the delay in initiating formal proceedings.

“The filing of the criminal complaint was delayed by 14 hours,” the judge noted, demanding an explanation for the gap between the entry in the GD and the formal registration of the case.

The court was also told that the magistrate conducted the investigation between 4:20pm and 4:40pm on August 9, while the search and seizure operations were carried out between 8:30pm and 10:45pm. The discrepancies in timing and gaps in the investigation process have raised concerns about possible evidence tampering and procedural lapses.

The bench sought clarification on the chronology of events and asked whether the CCTV footage from the hospital had been shared with the CBI. Sibal, on behalf of the state government, assured the court that the CCTV footage had been shared with the investigating agency.

“There is a CCTV footage showing the time of entry and exit of the accused… Was the footage handed over to the CBI in its entirety?” the judge asked. Mehta confirmed that 27 minutes of CCTV footage, divided into four clips, was handed over to the CBI.

He also directed the state government to produce a copy of the challan that was filled at the time of the victim’s autopsy. This document is crucial for tracing the chain of custody and verifying the procedures followed during the autopsy.

The court took note of the CBI’s submission that the arrest warrant, which usually accompanies post-mortem examination, was not attached to the case file submitted by the state government.

In view of this discrepancy, a lawyer representing one of the petitioners before the Calcutta High Court managed to produce the form before the high court during the earlier proceedings. However, Sibal and advocate Astha Sharma, who is the state’s standing representative, clarified that neither of them had the challan. Therefore, the bench ordered a copy of the form to be produced in the next hearing.

The court refrained from commenting on the ongoing CBI investigation but directed the agency to file a fresh status report within a week. SG Mehta said the CBI has taken several steps, including collecting forensic samples, which are being sent to AIIMS in Delhi for further testing.

“The CBI is investigating the case and at this stage we are not allowed to comment on the details of the investigation,” the judge said, fixing the next hearing date for September 17.

Striking doctors asked to return to workDuring the hearing, Sibal complained that despite the top court’s appeal to doctors to resume duties, most of them continue to abstain from work and their absence has so far claimed the lives of 23 people. Protests are spreading across the state, some without prior permission, adding to the already fragile situation, he added.

However, senior lawyers Geeta Luthra and Karuna Nundy, representing doctors’ groups, raised concerns about the threats and safety issues faced by doctors after the incident, saying many doctors did not feel safe despite the ongoing investigation and assurances from the government.

In response, the court directed the West Bengal government to take all necessary steps to restore confidence among doctors about their safety, adding that security measures must be closely monitored by senior officers.

The bench, however, reiterated that doctors must balance their duty to society with legitimate safety concerns. It said the state government must immediately take concrete steps to ensure the safety of medical personnel in hospitals and other healthcare facilities.

The court issued a special order to district judges (DM) and police superintendents (SP) to conduct periodic reviews of security measures in hospitals and ensure the availability of separate rest rooms and functional CCTV cameras in medical facilities.

“The State of West Bengal must take necessary steps to create confidence in the minds of doctors that their concerns regarding safety and security are being duly taken into consideration. For this purpose, the DM and SP shall assess and ensure that necessary conditions are provided for the safety and security of all doctors in medical colleges and hospitals, including separate rest rooms for male and female doctors, toilets and CCTV cameras,” the court order said.

While the state claimed that the required funds had been allocated for infrastructure and security upgrades in government hospitals, the bench made it clear that the state had to show the progress made on the ground. “Your status report shows that funds have been allocated. Without waiting for the committee report, you have to ensure that the safety of doctors is ensured. You say that there are so many CCTV cameras already there. Why would this offence have taken place if all the CCTV cameras were functional?” the bench asked.

CISF Implementation in HospitalThe court also took up the issue of security at RG Kar Medical College, with the CBI telling the bench that three companies of the Central Industrial Security Force (CISF) had been deployed at the hospital following an earlier order by the court. However, issues related to accommodation of CISF personnel were raised during the hearing, with Mehta stating that some soldiers were being accommodated at places far from the hospital.

Sibal said efforts were being made to provide accommodation to the CISF personnel, with some stationed at the hospital itself and others staying at nearby facilities. The bench further directed senior officers from both the state government and the CISF to liaise and ensure that accommodation and safety arrangements for the personnel were made accordingly.

The Union government had last week approached the Supreme Court, accusing the West Bengal government of “systemic malaise” and “wilful non-compliance” with the rules in providing necessary infrastructure and security for the CISF at the hospital. The deployment came after the apex court issued an order. The Centre’s plea, filed through the Ministry of Home Affairs, had sought the state to extend full cooperation to the CISF, failing which the top court should initiate contempt of court proceedings against the Mamata Banerjee government for violating the Supreme Court’s August 20 and 22 orders.

On August 20 and 22, the court had directed the CISF to secure the hospital and hostel premises, with the state government saying it had no objection. The directive came following a complaint by a group of doctors that after the August 14 vandalism, a mob had returned to the medical college and threatened women doctors, warning them that they would face the same fate as the rape victim if they reported the incident.

Angry doctors said they were disappointed with the high court’s decision.

“If the administration feels it will use this order as a weapon to end the agitation, we will not allow it,” said Aniket Mahato, one of the agitators at RG Kar Hospital. “Our agitation will continue. Whether we meet the government or not is a matter to be discussed later.”