'Disclosures will jeopardise ..': Supreme Court on revealing details of CBI probe in Kolkata rape-murder case

The bench found the details provided by the CBI in its latest status report to be “disturbing” and raised concerns about evidence collection.

Revealing details of the Central Bureau of Investigation’s (CBI) probe into the rape and murder of a young doctor at a Kolkata hospital could jeopardise the ongoing investigation, noted the Supreme Court on September 17. Chief Justice of India (CJI) DY Chandrachud, after reviewing a status report submitted by the CBI, cautioned against making any detailed comments that could tip off likely suspects.

"Disclosing the CBI’s investigative leads today could jeopardise the process and give suspects the opportunity to cover their tracks," CJI Chandrachud stated, referring to the arrest of the station house officer (SHO) of Tala police station, who was detained in connection with the case.

The CJI noted that the concerns raised during previous hearings had been addressed in the CBI’s status report and noted that the court would refrain from revealing specific details to protect the integrity of the investigation. “We’ve reviewed the status report and observed that the CBI is now focusing on uncovering the full truth of what transpired,” he said. He added that the five-day delay before the CBI took charge of the case posed challenges, with concerns that the crime scene might have been altered to destroy evidence.

The court found the details provided by the CBI in its latest status report to be “disturbing” and raised concerns about evidence collection. The CBI counsel stated that two separate lists were needed for the items seized from the crime scene. The bench questioned why key evidence, such as the victim’s jeans and undergarments, had not been taken earlier, stressing the importance of proper sample testing.

CJI Chandrachud, after reviewing the confidential status report, stated that the CBI required more time to complete the investigation. “We need to give the CBI adequate time. They are not delaying the process,” the court stated.

The CBI, following a directive from the court, submitted an updated status report on September 17 regarding the RG Kar Hospital case. The agency had earlier arrested Abhijit Mondal, the officer in charge of Tala Police Station, on September 14 for his alleged involvement in the doctor’s rape and murder. Additionally, Sandip Ghosh, the former principal of RG Kar Hospital, was arrested on September 2 in connection with financial irregularities at the hospital.

The CJI Chandrachud-led bench noted that the CBI’s latest status report, dated September 17, was submitted by officer Shri Satyaveer Singh. “We have heard counsel representing the parents of the deceased, resident doctors, and original petitioners before the High Court. It is not in the interest of a fair investigation to disclose the leads being pursued by the CBI, as this could lead to tampering with evidence,” the CJI stated.

All parties agreed that no further details of the investigation should be made public. Furthermore, a letter from the victim’s father, dated September 12, was shared with the CBI, offering specific suggestions for the investigation. The CJI added that the CBI should consider these inputs, and the Solicitor General assured the court that the agency would maintain communication with the victim’s parents and address their concerns.

Senior advocate Indira Jaising, representing the junior doctors, informed the court that they had names of individuals present at the crime scene who should not have been there. She offered to submit the names to the CBI in a sealed cover, choosing not to disclose them publicly due to the court’s concerns.

During the hearing, senior advocate Kapil Sibal, representing the Bengal government, assured the court that no punitive actions would be taken against doctors for their month-long strike, after advocate Jaising urged the court to record that doctors should not face disciplinary actions once they resumed duty. In addition, the senior advocate brought attention to threats made against women lawyers representing the state government, mentioning social media threats of acid attacks and rape.

The top court, however, reacting to the state’s new policy of restricting women doctors from night shifts, expressed strong disapproval, stating, “You cannot tell women not to work at night. It is your duty to provide protection whenever they work. Women pilots, defense personnel, etc., work at night.” Responding to the same, the Bengal government informed the court that it would withdraw the notification limiting women doctors' duty hours and avoiding night shifts.

Meanwhile, the apex court directed Wikipedia to remove any content identifying the victim, including her name and photo, in connection with the case. “The governing principle is that the identity of the victim in rape and murder cases must not be disclosed,” the court said, instructing Wikipedia to comply with the order.

In Kolkata, agitating junior doctors held a closed-door meeting with Chief Minister Mamata Banerjee on September 16, following which Banerjee announced a series of major transfers and removals, including the removal of two senior health officials, Kolkata Police Commissioner Vineet Goyal, and a deputy commissioner of police. She stated that the new Kolkata Police Commissioner would be appointed after 4 pm on September 17, as part of the ongoing efforts to resolve the crisis sparked by protests from junior doctors.

The doctors, who have been on a statewide "cease work" for 38 days, are protesting the alleged rape and murder of a postgraduate trainee at RG Kar Medical College.