New Delhi: The Supreme Court on Monday said very substantial leads have come up in the CBI investigation, into the rape and murder of a postgraduate medic at the R G Kar Medical College and Hospital in Kolkata, and the agency’s report indicate that more people are involved in the incident.
The apex court was informed that seven people who are being investigated by the CBI are still in employment in the R G Kar Hospital, and a counsel, representing a doctors’ association, said they should be temporarily suspended pending the inquiry.
It was argued before the apex court that this was not a plain and simple murder and there are many more people involved in the incident. “Are there any people who are presently under investigation, who are in positions of authority in the hospital against whom there is an allegation of involvement in financial irregularity”, CJI queried the CBI.
A three-judge led by Chief Justice of India D Y Chandrachud and comprising justices J B Pardiwala and Manoj Misra was hearing a suo motu case related to the rape and murder of a postgraduate medic at the R G Kar Medical College and Hospital in Kolkata. Citing the importance of the case, the bench took up the matter after 4PM, which is the time for rising of the bench, and heard it over 90 minutes.
During the hearing, the CJI said, "Very substantial leads have come up in the CBI Investigation. Obviously, let the CBI continue the investigation."
The bench said the CBI has given it information on two aspects: the alleged rape and murder and the second on financial irregularities referred by the Calcutta High Court.
The CJI asked Solicitor General Tushar Mehta, representing the CBI, the injuries seem to have been accentuated by the fact that she was wearing braces and glasses? How was it that she was wearing glasses at that particular point? Was she attacked when she was asleep? Mehta said she was asleep.
CJI further queried, then how she was wearing her glasses. At this juncture, a counsel said that she was not wearing glasses and the seizure said that the glasses were broken, and found beside her on the mattress.
Senior advocate Indira Jaising, representing a doctors’ association, said “I had said I will give some names who were present on the scene of the crime on the invitation of the principal of the college, who had nothing to do with the college nor were they on duty at that time. They arrived even before police arrived on the scene…”.
Mehta said, are there seven names? Jaising said, “I have four names”, and added, “some of them are elected members of West Bengal medical council. This is the reason we are arguing that this is not a plain and simple murder and there are many more people involved in the incident".
CJI said, “All that we like to say right now is that the report by the CBI does specifically advert to this. Let us leave it that…Solicitor your report had roman 9 at page 6, that sentence all of them….”. Mehta said, “they belong so and so, and also members….”.
Senior advocate Karuna Nundy, representing a doctors’ association, said “a lot of these people who have been mentioned, I am told in the CBI report with regard to financial irregularities…..also present at the scene of the crime when they had no business to be. Many of them are in positions of power even today and this is contributing to the threat culture and enabling of threats”.
Nundy submitted that they should be suspended temporarily from their positions until the investigation is over. Jaising said seven people being investigated by the CBI are still in employment in R G Kar Hospital, and they should be temporarily suspended pending the inquiry so that doctors can go back with the sense of confidence and they are not targeted.
Mehta said, “we have hinted…at page 7 (of the report), doctors’ belonging to so and so, and also members of so and so. They claim that they tried to pacify the agitating trainee doctors. However, the trainee doctors allege that the aforementioned doctors were working on behalf of the administration……”.
Nundy said it is not restricted to R G Kar Hospital and the people in positions of power with regard to medical examination, the examination board, the cooperation that takes tenders, and the West Bengal medical council.
“Mr Solicitor by the next take of listing, this is something on which you should apprise the court. Who are the people, forget they were involved in any conspiracy to hush up the murder. That is a very important aspect. Keep that aside for a moment. Are there any people who are presently under investigation, who are in positions of authority in the hospital against whom there is an allegation of involvement in financial irregularity”, the CJI asked Mehta.
Jaising and Mehta said aspects should be: crime, which occurred, cover up and financial irregularity. “Either of the crime or both of the crimes”, said Mehta.
Senior advocate Rakesh Dwivedi, representing West Bengal, said the CBI should indicate who those people are and then we can take action. Jaising said they will give the names.
“Mr Solicitor, ultimately any action has to be taken by the state government, as the disciplinary authority. For us to issue a direction of general nature right now without in possession of full facts…I think at this level there should be some sharing of information with the state government”, said the CJI.
The bench asked, has the state government taken a call on any disciplinary action? Dwivedi said the state was informed about five doctors’, they have been suspended and action has been taken. “Who are five doctors’ in R G Kar Hospital, whom you have suspended”, asked the CJI.
Another counsel said he had filed an application, on behalf of doctors working across the state, they have named specific individuals, so called mafia, and identified the inter-state nexus.
CJI said today if we expand the investigation across other hospitals then CBI will be in an impossible situation, and added, “we are focusing on R G Kar and be rest assured, you move that application”.
The CJI asked Mehta to examine the application and apprise the court whether there is need for broadening the investigation, and “then we can pass orders necessary to effectuate that purpose. This is a part of a broader nexus either intra or inter-state”. The bench said it should have some concrete material before it entrusts this matter to the CBI.
SC pulls up state for 'tardiness' in installing CCTVs, building resting rooms
The apex court said it is unhappy over "tardy" progress by the West Bengal government in installation of CCTVs and construction of toilets and separate resting rooms at medical facilities, and directed the state government to complete ongoing work by October 15. “Why is the progress so tardy? We have been hearing this matter since some time now”, said the bench.
The bench noted that the status report submitted by West Bengal indicates the ongoing work, and added, “though the state has indicated that remaining work will be completed by 31st October, the state has assured that it will make all endeavours to complete the work by October 15, 2024”.
The apex court also reiterated its earlier order that no intermediary is allowed to publish the name and photo of the victim in the case. Advocate Vrinda Grover, representing the family of the deceased victim, contended that it is very alarming that there are a lot of social media posts disclosing her name and photos.
“Our earlier order is clarified to apply in relation to all intermediaries and to reiterate, no intermediary shall be allowed to carry the name or pictures of her identity. MEITY shall notify a nodal officer in relation to any uploading of unauthorized publication which is taken down”, said the bench.
After a detailed hearing in the matter, the bench also sought the progress report of the 'National Task Force' and scheduled the matter for further hearing on October 15.
