New Delhi: Refusing to transfer the trial in the R G Kar medic case out of West Bengal, the Supreme Court on Thursday said doing so would cast doubt on the judicial system.
The matter was heard by a three-judge bench headed by Chief Justice of India D Y Chandrachud, Justices J B Pardiwala and Manoj Misra. More than two months after the body of a senior resident doctor was found at the state-run RG Kar Medical College and Hospital, the Sealdah Court on Monday framed charges against the prime accused Sanjay Roy. While leaving the court premises, Roy cried to have been framed in the case. The CBI named Roy as the "sole prime accused" in the initial charge sheet submitted last month.
During Thursday's hearing, a counsel vehemently argued before the bench that in the 90 days of investigation, the investigation agency had done nothing except reiterate the version of Kolkata Police. At this juncture, the CJI said the trial judge had sufficient powers to order another investigation if he felt it necessary after examining the evidence.
Another counsel contended that the trial was about to commence and it might be shifted out of Bengal, keeping in view the disturbing circumstances and precedents to move the trial.
To this, Chandrachud said, "We know that there are precedents and the court has shifted some trials out of Manipur to Assam. Here we are not doing it, let the trial continue before (the judge)... .otherwise, we will be casting doubts on our own judicial system".
Senior advocate Rakesh Dwivedi, representing the West Bengal government, submitted that there is an attempt to stall the trial. "The status report submitted by CBI has extensively referred to the investigation into the financial irregularities…we do not want to flag an issue that might dislocate the investigation. Rest assured that CBI is looking into financial irregularities also….," the CJI told a counsel, who raised the issue of financial irregularities in the case. The CJI also made it clear that the court is not shifting the trial out of Bengal.
"My lord, it is self-contradictory, on hand you are saying there is a sole accused….," said a counsel. The CJI replied, "I do not want your gratuitous comments whether we are self-contradictory…". The counsel clarified that he meant the CBI was self-contradictory and insisted that the charges would have to be reframed at some point. "Let the trial start and let the trial proceed…," the CJI said.
Advocate Vrinda Grover said, "An order had been passed for recording of prosecution evidence on a day-to-day basis from November 11. Why is it in the interest of strangers to stop that?" To this, the CJI said, "We will not stop it all".
"When the supplementary chargesheet would be filed if required, there is the power under BNSS to amend the charge, which will be exercised, if required…," said Grover.
Another counsel submitted that the people of Bengal had lost faith in the judiciary and police apparatus. The CJI, reprimanding the lawyer, said, "Do not talk about people...who are you appearing for? Do not make such general statements. Canteen gossip happening in court!"
The apex court was hearing a suo-motu case in connection with the R G Kar medic case, which led to widespread protests and outrage in Kolkata.
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