SC Talks Tough On Delay In FIR in Kolkata Doctor Rape-Murder Case

The CJI urged senior advocate Kapil Sibal, who was representing the West Bengal government, how he would justify the delay in the registration of the FIR. Similarly, the Supreme Court made harsh observations against Kolkata’s police over its delay in registering the unnatural death of the woman doctor raped and killed at the RG Kar Hospital.

New Delhi:The Supreme Court on Thursday made several harsh observations against Kolkata’s police over its delay in registering the unnatural death of the woman doctor raped and killed at the RG Kar Hospital, and strongly criticised the college principal for not registering an FIR straight away, and made it clear the law will take its.

The apex court said the political parties should not politicise the case and stressed that justice and medicine cannot stop while urging doctors to resume work. A three-judge bench led by Chief Justice of India DY Chandrachud and comprising justices JB Pardiwala and Manoj Misra was hearing a suo motu case related to the alleged rape and murder of a junior doctor at RG Kar Medical College and Hospital in Kolkata

The CJI specifically asked senior advocate Kapil Sibal, representing the West Bengal government, how he would justify the delay in the registration of the FIR at 11:30 in the night.

Sibal said all the investigation was done in accordance with the law there was no delay in the registration of the FIR and all the procedures were followed. At this juncture, the CJI told Sibal, “Procedure is a separate issue but the point is…what is the reason, now we have already highlighted that the FIR was registered almost 14 hours after the discovery (death of the victim)…”. Sibal said we asked the parents’ and they said we will give a formal complaint. “Second, most important…the principal of the college should have come straight away to the college and directed the filing of the FIR. Who was he in touch with? What was his connection….the moment he tenders a resignation, he is appointed as a principal of another college?”, the CJI told Sibal.

The bench said both the CBI and state government have submitted their status report into the matter and let the investigation continue. “The CBI will look into actual death and the state will look into the vandalisation (by the mob after the protest)”, said the CJI. Sibal said the state will also look into future protests and urged the court to protect the state in that matter.

Solicitor General Tushar Mehta, representing the CBI, said how can the state ask for protection. “How can we protect the state…”, asked the CJI, to which Sibal replied that standard operating procedure must follow and "we will designate the area to hold the protest and they can go there". Sibal pointed out that the court in the previous hearing had said that no peaceful protest should be interfered with.

The bench noted that the CBI has asked for a polygraph test of the accused. The bench directed that the magistrate concernedshould pass an order by tomorrow evening. The bench noted that an apprehension has been expressed by the doctors that they are likely to be proceeded against for the protest which took place in the past.

The apex court told the West Bengal government not to take action against those peacefully protesting the rape and murder of a junior doctor at RG Kar Medical College and Hospital in Kolkata. The bench urged striking doctors to return to work and assured them that no adverse action would be taken against them.

“It is expected that doctors would now return to work….”, said the bench. Mehta informed the court that CISF had been deployed at the hospital to ensure the safety of medical professionals. The CJI pointed out that if doctors are not on duty, then it will cause huge inconvenience to patients, who had booked their slots several months in advance.

“Any action taken against doctors prior to this order, no coercive steps should be taken…”, said the CJI, adding that doctors should get back to work now. “You must come to duty, can we say judges’ stand outside the Supreme Court, no! Justice and medicine cannot go on strike…first establish before us next time that everybody has come back to work. Once we are satisfied…be rest assured that we ensure that no adverse action is taken…”, the CJI told a counsel, representing a doctor's association, adding that the community of doctors should return to work.

Mehta informed the court that a sitting minister of West Bengal had made a statement that if anybody talks anything against our leader, his fingers will be chopped off. Sibal said the leader of the opposition, BJP leader, in the state said that bullets would be fired.

“Please do not politicise. Parties have to realise...do not politicise and the law will take its course...we are concerned about the welfare and safety of doctors. We are not just going to lay down guidelines, we will pass enforceable directions to be implemented…”, said the CJI.

The apex court asked Mehta to ask the Union Health Ministry to state health departments in the next week before the court hears the matter again and it will issue some direction regarding steps the governments can take in the meantime. Mehta suggested that the Union Health Secretary have a meeting with the chief secretaries and director generals of police of states and union territories.

“We direct the secretary in the Union Health Ministry shall engage with the chief secretaries and director generals of police to ensure that state governments..... for certain basic requirements assuage the concerns of the doctors over their safety at the workplace. The exercise of holding the meeting should be completed within one week….”, said the apex court, scheduling the matter for further hearing in the first week of September.