The Supreme Court posed tough questions to the West Bengal government on Monday, asking how the autopsy of a trainee doctor, who was raped and murdered in Kolkata’s RG Kar Hospital, was conducted without a formal request. This came after a three-judge bench directed the CBI to file a fresh status report on the investigation into the case.
Chief Justice DY Chandrachud asked, "Where is the challan of the body when it’s handed over for post-mortem?"
Solicitor General Tushar Mehta, representing the CBI, informed the bench that the challan was not part of their records. "It’s crucial because this column contains what other material was sent along with the body," he said.
He added that, in the absence of the challan, the post-mortem doctor cannot accept the body. The CBI also did not have the challan.
"How was the post-mortem carried out in the absence of a formal request?" the Chief Justice asked.
The court also sought clarification on the timing of the unnatural death report in the rape and murder case of a trainee doctor at Kolkata's RG Kar Hospital, following the submission of a status report by the CBI.
Senior advocate Kapil Sibal, representing the West Bengal government, informed the bench that the death certificate was issued at 1:47 p.m., while the police registered the entry of unnatural death at 2:55 p.m.
However, Solicitor General Tushar Mehta, appearing for the CBI, countered, stating that according to records, the report was filed at 11:30 p.m.
The CBI flagged the forensics report as a key issue, questioning who collected the samples. The agency plans to send samples to the All India Institute of Medical Sciences (AIIMS) in Delhi.
Reading out from the forensics report, Mehta said, "When the body was recovered at 9:30 a.m., jeans were removed, the body was semi-nude, and there were injury marks on private parts."
The CBI counsel also pointed out discrepancies in the handling of evidence, noting that blood samples were not stored at the required 4 degrees Celsius, and stressed the importance of the first few hours in a rape and murder investigation.
The Chief Justice responded, "That’s why we asked if you have the complete CCTV footage or not? Who else entered after the accused exited?"
Sibal maintained that everything was video-recorded, with a judicial magistrate as a witness.
At the outset of the hearing, the CBI submitted its status report on the investigation to the bench. The judges reviewed the status report handed to them in a sealed envelope.
Sibal also informed the court that 23 people had died because doctors were on strike, and the state health department submitted a report on the same.
The Chief Justice said, "The 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 will take it up on Tuesday... CBI is doing it, we don't want to guide CBI on its investigation."
The case was initiated by the Supreme Court on its own, and a three-judge bench comprising the Chief Justice and Justices JB Pardiwala and Manoj Misra is hearing the matter.
The Centre informed the top court that the Bengal government was not cooperating with the Central Industrial Security Force (CISF) personnel guarding RG Kar Medical College and Hospital.
The Centre noted that due to a "non-availability of accommodation, security gadgets, and paucity of transportation," CISF personnel, particularly the female contingent, are facing significant challenges.
The Supreme Court directed both the state government and the CISF to resolve the issues promptly. "We direct senior officers of the state government and senior officers of the CISF to examine the issue and provide accommodation at the nearest location. Any further arrangements for buses, trucks, and light motor vehicles should be made by 5 p.m. today, and all security gadgets by 9 p.m. today," the order stated.
Chief Justice Chandrachud also questioned, "What steps have been taken by the State of West Bengal for the security of doctors, nurses, and paramedical staff?"
The Supreme Court, during a hearing on August 20, termed the incident "horrific" and issued a set of directions, including the establishment of a 10-member National Task Force to formulate a protocol for ensuring the safety and security of doctors and other healthcare professionals.
A 31-year-old trainee doctor was raped and killed inside the seminar hall of RG Kar Medical College in Kolkata on August 9. A civil volunteer was arrested for the crime, and the incident has sparked nationwide protests, which are still ongoing.
