Kolkata rape-murder case: Supreme Court raps police for probe 'lapses'

Bench directs Union health secretary to launch a portal inviting suggestions on doctors' safety

The Supreme Court (SC) on Thursday tore into the Kolkata Police over the delay in registering the unnatural death of the woman doctor, who was raped and killed at the RG Kar Hospital, calling it “extremely disturbing”, and questioned the sequence of events and the timing of its procedural formalities.

Taking suo motu cognisance of the case, a three-judge Bench led by Chief Justice of India (CJI) D Y Chandrachud heard the matter after the Central Bureau of Investigation (CBI) and the West Bengal government submitted their status report in the case.

Appearing on behalf of the CBI, Solicitor General Tushar Mehta alleged that the scene of crime was altered before the CBI entered the probe on the fifth day from the date of the incident. 

He alleged that the authorities told the parents that it was suicide but later, it was classified as unnatural death.

Mehta added that senior doctors at the RG Kar Hospital as well as the victim’s colleagues asked for videography, which meant that they felt that there was a cover up.

“The (victim’s) father insists on the registration of an FIR. The hospital does not register the FIR. The father insisted and got the FIR registered. The FIR is lodged after the cremation. This is an attempt to cover up. We entered the probe on day five, everything was altered by then,” Mehta said.

He said the first FIR in the incident was filed only after the victim's cremation at 11:45 pm.

Questioning the sequence and timing of the legal formalities conducted by the Kolkata Police, the court said it is surprising that the post-mortem was conducted between 6:10 pm and 7:10 pm on August 9, even before the case of unnatural death was registered.

It directed the Kolkata Police officer, who registered the first entry about the incident, to appear in the next hearing and disclose the time of the entry.

The next hearing is scheduled for September 5. 

The Bench also issued a slew of directions on the safety of doctors, norms for protests, rights of protesters as well as the West Bengal government.

It ordered that peaceful protests over the incident shall not be disturbed or disrupted by the West Bengal government. The court, however, clarified that it has not injuncted the state government from exercising such lawful powers.

“When we say peaceful protesters will not be disturbed, we also mean proper protocol will be followed”, the apex court said.

The Bench directed the Union health secretary to launch a portal where the stakeholders can submit suggestions to the National Task Force on the safety of doctors.

CBI seeks polygraph test on ex-principal

The CBI on Thursday sought a polygraph test on former RG Kar Medical College principal Sandip Ghosh and four other doctors in connection with the alleged rape and murder of a postgraduate trainee at the hospital, officials said.

The CBI took Ghosh and four other doctors, who were on duty on the date of the incident, to a special court for seeking its permission to conduct the lie detection test on them, they said.

AIIMS, RML doctors call off strike

Resident Doctors’ Associations (RDAs) from Delhi’s All India Institute of Medical Sciences (AIIMS) and Ram Manohar Lohia (RML) Hospital on Thursday announced to call off their 11-day strike following an appeal from the Supreme Court. 

The apex court had appealed to all protesting doctors to return to their work, directing state governments to not take any coercive steps and adverse action against the doctors.   

“We will continue our struggle through symbolic protest after duty hours till justice is served and implementation of safety guidelines,” AIIMS RDA said. 

The Federation of All India Medical Association, another body representing doctors, also announced its decision to call off the strike, citing positive directions from the CJI. 

“We welcome the acceptance of our prayers for interim protections and the necessary steps to enhance security in hospitals,” it added.