Medic rape-murder case: SC urges doctors to return to work by 5 on Tuesday

Senior advocate Kapil Sibal, appearing for the West Bengal government, submitted a status report filed by the state health department before a bench headed by Chief Justice D Y Chandrachud

The Supreme Court on Monday ordered the immediate removal of all photos of the victim from social media. The apex court also reminded that no action should be taken against doctors once they return to work by tomorrow 5 PM. However, it noted that if they fail to do so, the court will not be able to restrain the state government, and further absence from work might lead to disciplinary action against them.

Senior Advocate Geeta Luthra, following the court's statement, mentioned that doctors are facing threats.The Supreme Court also directed necessary conditions being created to safety and security of doctors in hospitals with availability of toilet facilities for both male and female among others

The Court also raised multiple concerns regarding the post-mortem report in a case of alleged rape and murder. Senior Advocate Kapil Sibal, representing the West Bengal government, pointed out several issues. One of the advocates present during the hearing questioned the improper handling of a vaginal swab, which should have been preserved at 4 degrees Celsius but was not.

Solicitor General (SG) Tushar Mehta, representing the Central Bureau of Investigation (CBI), noted that the post-mortem report did not mention the time it was conducted, which is a critical detail in such cases. He added that in cases of rape and murder, the first five hours are crucial for collecting evidence, and the CBI faced challenges as they began their probe five days after the incident.

The Supreme Court, led by Chief Justice of India (CJI) D.Y. Chandrachud, asked SG Mehta whether the necessary documents were available when the body was sent for the post-mortem. Senior Advocate Sibal, unable to immediately produce the required documents, requested additional time to submit them. Mehta confirmed that the documents were not included in the files provided to them.

During the proceedings, CJI Chandrachud directed the CBI to submit an updated status report by next week. The court will review the matter on Tuesday, September 17.

Sibal informed the court that the West Bengal government had filed a status report, revealing that 23 people died due to a lack of medical attention when doctors were unavailable. CJI Chandrachud asked about the proximity of the residence of the Principal of RG Kar Medical College to the hospital. SG Mehta responded that it was about 15-20 minutes away.

The court sought clarity on the registration of the report for the unnatural death. Sibal stated that the death certificate was issued at 1:47 PM, while the police registered the unnatural death report at 2:55 PM. Sibal further mentioned that the search and seizure related to the incident took place between 8:30 PM and 10:45 PM.

The court also inquired about CCTV footage related to the incident. SG Mehta confirmed that four video clips, totalling 27 minutes, had been handed over to the CBI. The CBI is now sending the samples to AIIMS and other forensic labs for further examination.

Additionally, the Supreme Court instructed that security be tightened at RG Kar Medical College, with accommodations provided for all CISF personnel near the hospital. Regarding security matters, the Supreme Court instructed CISF personnel to ensure that no one is allowed inside emergency wards without proper identification at RG Kar Medical College.