New Delhi: The Supreme Court on Monday expressed its concern regarding the absence of a key document, which was required for the postmortem of the trainee doctor raped and murdered at the RG Kar Medical College in Kolkata, and asked the CBI to examine the matter.
A three-judge bench led by Chief Justice of India D Y Chandrachud and comprising justices J B Pardiwala and Manoj Misra brought under its scanner a key document necessary for post-mortem during a detailed hearing on the matter today.
The bench said there was no reference to the 'challan' (document) used, and sought an answer from the CBI and the West Bengal government. The bench said, "where is the challan of the body when it was handed over for postmortem?
The CJI said that when the body is dispatched for postmortem after inquest, there must be something for the doctors to look at. The CJI emphasized that it is important to see the challan because it has a column showing what clothes and articles were sent along with the body, and the court wants to see that document.
The CJI questioned where the challan was and pointed out that an autopsy cannot be carried out without it. The bench sought this information regarding the challan after an advocate appearing in the matter asked if the clothes of the victim were produced during the autopsy.
Solicitor General Tushar Mehta, representing the CBI, informed the bench that the challan was not part of their records. Senior advocate Kapil Sibal, representing the West Bengal government, submitted before the court that he could not find the document immediately and sought time to bring it before the court.
The bench also directed immediate removal of photographs of the victim from all social media platforms to protect the dignity and privacy of the deceased.
The bench said the post-mortem team will not accept the body without the challan, and added "that is why we want to see it. Sibal said he was told that a judicial officer filled it up himself and sent it. The bench queried, was the post-mortem carried out without the request form at all? Mehta said that is not possible because it is a statutory form.
Citing the post-mortem report, the bench queried, the constable, who brought the body, is supposed to carry this document and it has been struck off.
“So, there is no reference of this challan when the dead body is sent for examination. You need to explain, if this document is missing, then something is amiss," said the bench, adding that the CBI should ask for it from the state government.
A counsel said this document was submitted during the hearing in Calcutta High Court. Mehta said in the absence of mention in the post-mortem report, the possibility of the document having been created subsequently cannot be ruled out.
Sibal vehemently opposed Mehta’s submission and said that nothing is being created subsequently. “We will file an affidavit”, said Sibal.
Mehta informed the bench that the central agency has decided to send forensic samples to AIIMS for further investigation.
"A status report has been filed by CBI, it appears that investigation is in progress, we direct the CBI to file a fresh status report...We don't want to guide the CBI on its investigation,”, said the bench, while scheduling the matter for further hearing next Tuesday.
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