New Delhi: The Supreme Court on Monday noted that the investigation in the Kolkata rape and murder case is in progress and directed the CBI to submit a fresh status report on its probe even as it ordered the removal of all photographs of the RG Kar hospital victim from social media platforms and electronic mediums.
The apex court also directed protesting doctors to resume work by 5 pm on Tuesday after the West Bengal government assured the court that if protesting doctors resume work, no action, including punitive transfers, shall be taken against them.
The court made the remarks after it commenced hearing a suo motu case related to the rape and murder of a postgraduate medic at the RG Kar Medical College and Hospital in Kolkata.
A bench headed by Chief Justice D Y Chandrachud remarked that it is important to protect the dignity and privacy of the victim. It also directed West Bengal to immediately take steps for the safety of doctors and medical staff. "If 4,447 CCTV cameras were installed at the hospitals, then why would this incident take place?" the CJI remarked.
He told doctors' associations that they had to get back to work. "Young doctors must return to work and attend their patients...the state government will provide protection," the CJI said. The court posted the hearing on the suo motu case on September 17.
Earlier when the hearing resumed, Solicitor General Tushar Mehta, representing CBI, told the apex court that the probe agency has decided to send forensic samples to AIIMS. "We have the forensic examination report and one thing is admitted that the victim was found in semi-nude condition and there were injury marks on her body. The state authorities had taken the samples and sent them to central forensics lab in West Bengal...CBI has taken a decision to send the sample to AIIMS.
The court sought clarification from the West Bengal government on the exact time the unnatural death entry was made regarding the victim. Senior advocate Kapil Sibal, representing the Bengal government, said the death certificate was given at 1:47 pm and unnatural death entry was at 2:55 pm at the police station.
Sibal too submitted a status report filed by the state health department before a bench headed by Chief Justice D Y Chandrachud. "A status report has been filed. The state health department has filed a report. Tweny-three people have died as doctors are on strike," Sibal told the bench also comprising Justices J B Pardiwala and Manoj Misra.
The apex court after perusing the status report filed by the state and the CBI said the central investigation agency's status report indicates that the investigation is ongoing, and asked them to file a fresh status report on the matter.
"We instruct the CBI to file a fresh status report on the matter. We will review it on Tuesday…The CBI is handling the investigation, and we do not wish to direct them in their work," the apex court bench remarked.
The Supreme Court also sought clarification on whether the CCTV footage of the search and seizure procedure had been handed over to the CBI. The agency said in rape and murder case, the first five hours are crucial and it is a challenge if they enter the investigation after five days.
Citing CCTV footage, the Supreme Court asked: Who else entered the seminar hall except the accused in the rape and murder case?". Emphasizing on examination of the CCTV footage, the court said, "This aspect to be examined during the investigation by the CBI".
The apex court asked the West Bengal government about the challan when the dead body was sent for post-mortem. The CJI said that when the body is dispatched for postmortem after inquest there must be something for the doctors to look at. He 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 it.
At this, the West Bengal government sought time to bring the challan on record. The bench remarked that West Bengal needs to explain if the challan is missing. The apex court also said that there was at least 14 hours of delay in filing the FIR.
On security of medical staff, the bench asked: "What steps have been taken by it for the security of doctors, nurses, and paramedical staff?" It directed that all requisition, and security gadgets needed by CISF should be handed over to it today.
The apex court directed West Bengal to immediately take steps for the safety of doctors and medical staff. "If 4,447 CCTV cameras were installed at the hospitals, then why would this incident take place?" CJI remarked. The hearing is underway.
Earlier, the top court had constituted a 10-member National Task Force (NTF) to formulate a protocol for ensuring the safety and security of doctors and other healthcare professionals. Terming the incident as "horrific", the apex court had excoriated the state government over the delay in filing the FIR and allowing thousands of people to vandalise the state-run facility.
On August 22, the apex court had 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.
Terming the incident as "horrific", the apex court had excoriated the state government over the delay in filing the FIR and allowing thousands of people to vandalise the state-run facility. The alleged rape and murder of the junior doctor in a seminar hall of the state-run hospital has sparked nationwide protests.
The medic's body with severe injury marks was found inside the seminar hall of the hospital's chest department on August 9. A civic volunteer was arrested by the Kolkata Police in connection with the case the following day. On August 13, the Calcutta High Court ordered the transfer of the probe from the Kolkata Police to the CBI, which started its investigation on August 14.
