Kolkata rape-murder case: Top exchanges between Chief Justice, Kapil Sibal

The Supreme Court, addressing concerns over doctors' safety, said that the nation can't wait for another tragedy like Kolkata's rape-murder case

The Supreme Court, in a sharp rebuke during the hearing of the Kolkata rape-murder case on Tuesday, said that the nation cannot wait for another horrific incident to enact necessary changes on the ground. The bench, led by Chief Justice of India DY Chandrachud, expressed deep dissatisfaction with the West Bengal government and hospital authorities over delays and lapses in the investigation.

Chief Justice Chandrachud raised several critical questions during the hearing, particularly regarding the hospital's handling of the case and the delayed filing of the first information report (FIR).

“Why was the FIR registered three hours after the body was handed over for cremation?” the bench questioned, highlighting procedural failures that have sparked widespread outrage.

 

Former principal of RG Kar Medical College and Hospital under scrutiny

The Supreme Court, on its own, took suo moto cognisance of the rape and murder of a 31-year-old post-graduate trainee doctor at Kolkata's RG Kar Medical College and Hospital on August 9. The incident has led to nationwide protests and intensified concerns over women's safety, especially in educational and medical institutions.

The three-judge bench, comprising CJI Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, was particularly critical of the role of the college's administration.

“What was the principal doing? Why was the FIR not filed promptly? The crime scene was within the hospital premises; what were the authorities doing while allowing vandals to enter?” CJI Chandrachud questioned.

Sandip Ghosh, who resigned as the principal of RG Kar Medical College two days after the incident, is under intense scrutiny. The Central Bureau of Investigation (CBI) interrogated him for nearly 53 hours over four days regarding his actions in the aftermath of the doctor's death.

In response to the court's concerns, Kapil Sibal, representing the West Bengal government, argued that the hospital took immediate steps, including initiating a case of unnatural death and forming a board with a judicial magistrate present. However, CJI Chandrachud emphasised that it was the hospital's duty to file the FIR, particularly in the absence of the victim's parents.

“Medical professions have become vulnerable to violence. Due to ingrained patriarchal biases, women doctors are targeted more. As more and more women join the workforce, the nation cannot wait for another rape for things to change on the ground," CJI Chandrachud said.

Justice Pardiwala raised further concerns regarding the timeline of the FIR, questioning who the first informant was and when the FIR was filed. To which, Sibal clarified that the victim’s father filed the FIR at 11:45 pm, followed by the vice principal of the hospital.

CJI Chandrachud also scrutinised the timeline of the victim's body being handed over for cremation at 8:30 pm, pointing out the delay in filing the FIR. The autopsy, conducted between 1:45 pm and 4:00 pm, revealed that the doctor had been murdered, yet the FIR was filed much later. 

"What was the principal and hospital board doing during this time?" the Chief Justice asked. 

He added, “It appears the crime was detected in the morning, yet the principal tried to pass it off as suicide, and the parents were not allowed to see the body. No FIR was filed."

Sibal countered, stating, “That is not correct. The FIR was registered immediately, and the inquest shows it is a case of murder.”

The court also noted that despite the principal's resignation, he was briefly reassigned as the principal of another college. The Calcutta High Court has since directed the West Bengal Health Department not to appoint Ghosh to any other medical college pending further orders.

National task force for doctors safety

Additionally, the Supreme Court has constituted a national task force (NTF) of leading medical experts to recommend measures for ensuring the safety of doctors. The NTF is to submit an interim report within three weeks and a final report within two months.

The task force includes prominent figures such as Surgeon Vice Admiral R Sarin, Dr D Nageshwar Reddy, Dr M Srinivas, Dr Pratima Murty, Dr Goverdhan Dutt Puri, Dr Saumitra Rawat, Prof Anita Saxena, Prof Pallavi Sapre, and Dr Padma Srivastava.

The Supreme Court has scheduled the next hearing for August 22.