Kolkata Doctor's Rape & Murder : Supreme Court Slams West Bengal Police, Asks CISF To Provide Security To RG Kar Hospital

During the hearing of the Suo Motu case on the rape and murder of a doctor at RG Kar Hospital in Kolkata, the Supreme Court on Tuesday (August 20) questioned the West Bengal Government and the police over the handling of the case.At the outset, Chief Justice of India DY Chandrachud expressed deep concerns at the fact that the name of the victim, photographs and video clips showing the dead body have been spread all over the media. "This is extremely concerning," CJI said.Senior Advocate Kapil Sibal, for the State of West Bengal, submitted that the photos were taken and circulated before the police reached.The Court also questioned the State over the conduct of the Principal, the delay in the registration of the FIR and the vandalism which took place at the hospital during a public protest on August 14."After the crime was detected in the early hours of the morning, the Principal of the hospital tries to pass this off as a suicide. The parents are not allowed to see the body for a few hours..." CJI said. Sibal said that this was incorrect information and said that the State will place on record all facts.CJI questioned why the Principal was given the charge of another hospital after he resigned from RG Kar Hospital.Next, the bench questioned about the timing of the FIR. Sibal said that an "Unnatural Death" case was registered immediately and claimed that there was no delay in the registration of the FIR.CJI pointed out that the autopsy was conducted between 1 PM and 4.45 PM of the day. The body was handed over to the parents at about 8.30 PM for cremation. However, the FIR was registered only at 11.45 PM. Sibal said that the FIR was registered based on the complaint of the victim's family."FIR is registered at 11.45 at night? Nobody at the hospital registers the FIR? What were the authorities at the hospital doing? Doesn't autopsy reveal the victim was raped and murdered?" CJI asked."What was the principal doing? Why first it was attempted to pass off as suicide?," CJI asked further.Sibal said that the Kolkata police arrested the accused within two days. "The main accused was a civic worker. His Bluetooth was found on the spot and it connected with his mobile. The CCTV was also there, so we connected.." Sibal said.Court questions the State over vandalism at hospitalThe Court also questioned the State over the acts of vandalism which took place at the hospital on August 14 during a "reclaim the night" protest campaign."Hospital is invaded by the mob!.Critical facilities were damaged. What was the police doing? The first thing the police have to do is to secure the crime scene," CJI said.Solicitor General of India Tushar Mehta said that a mob gathering of 7000 people won't assemble without the knowledge and the connivance of the police."We are unable to comprehend how the authorities were not able to deal with the vandalism," the bench recorded in the order. SG said that the root of the issue is that the West Bengal police is functioning under a DIG-in charge who himself is facing various allegations. Sibal refuted this submission.Sibal said that over 50 FIRs have been registered over the vandalism incidents and 37 people have already been arrested. SG expressed surprise at the registration of 50 FIRs and said that it was a "recipe for not investigating."Don't take coercive action against peaceful protesters: SC to StateThe Court also urged the State to not take coercive actions against people who are participating in peaceful protests and speaking up in media and social media."Let not the power of the State of West Bengal not be unleashed upon peaceful protesters. Let us deal with them with great sensitivity. This is a moment for national catharsis," CJI said.Sibal said that a lot of misinformation is spreading in the media regarding the case and the State was only taking action against them.In the order, the Court observed as follows :"We expect that the Govt of WB shall observe necessary restraint in the face of peaceful protests being conducted by any quarter of the society bearing on the issues which form the subject matter of the incident in Kolkata."Hospital's security handed over to the CISFDuring the hearing, Senior Advocate Aparajita Singh, appearing for an organization of doctors "Protect the Warriors", told the bench that after the vandalism incident on August 14, mob returned to the medical college hospital and threatened the women doctors that they will also meet the same fate as the rape-victim if they complained about the incident. She said that one "brave doctor" has emailed a complaint regarding this to the police and presented a copy of the same to the bench.The bench took serious note of this complaint."This is a very serious issue Mr. Sibal," CJI said, adding that "the West Bengal Government cannot be unware of the fact that when there are protests, the other segment will always try and disrupt it."CJI expressed grave concern at the fact that the mob called the lady doctors by their names ...

Kolkata Doctor's Rape & Murder : Supreme Court Slams West Bengal Police, Asks CISF To Provide Security To RG Kar Hospital

Anmol Kaur Bawa

The Court also urged the West Bengal Govt to not take coercive actions against peaceful protesters.

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