Kolkata Rape-Murder Case: Supreme Court asks CBI to file fresh status report by Sep 17

In response to the brutal rape and murder case, widespread protests continued in Kolkata on September 8, with participation from various sectors including former students, clay modellers, rickshaw pullers, and junior doctors.

The Supreme Court, on September 9, directed the Central Bureau of Investigation (CBI) to submit a fresh status report by September 17 in its investigation of the brutal rape and murder case of a postgraduate trainee doctor in Kolkata's RG Kar Hospital.

During the course of hearing, the CBI informed the top court that forensic samples collected from the postmortem of the post-graduate trainee doctor would be sent to the CFSL and AIIMS for further examination.

Solicitor General (SG) Tushar Mehta, appearing for the CBI, informed the court, "We have a forensic examination report, and one thing is clear: when the girl was found at 9:30, her jeans and undergarments were removed and lying nearby. She was semi-nude, with injury marks on her body. Samples have been taken and sent to the Central FSL in West Bengal. Please understand the seriousness of this. The CBI has also decided to send the sample to AIIMS for further analysis."

He further noted, "A person enters, the girl is found nude, and this is the result of the FSL report. Therefore, it is crucial to determine who collected the sample."

A bench led by Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra, is hearing the matter.

The CJI requested clarification on two points, including the specific time when UD number 861 (unnatural death) was assigned. "We would like clarification on two steps... when was the time when the UD number 861 came into existence?" SG Mehta responded by referring to the chart provided and stressed the importance of the case, urging the court to consider the details with due attention.

The bench further inquired, "When was the search and seizure carried out?, to which Advocate Sibal responded, "Between 8:30 PM and 10:45 PM, after the body was removed for post-mortem."

The CJI then pointed out, "There is CCTV footage showing the time of entry and exit from the seminar room. There is footage after 4:30 AM and throughout the day. Has that footage been provided to the CBI?" SG Mehta confirmed, "Yes, we have taken it and had to reconstruct the scene."

CJI Chandrachud also stressed the crucial role of the challan document for post-mortem procedures. He pointed out that an autopsy cannot be performed without this document. Advocate Sibal admitted he could not immediately locate the challan but promised to provide it later. The bench highlighted the importance of the challan, which details the clothes and items sent with the body for autopsy. Solicitor General Mehta confirmed that the challan is a statutory requirement and essential for the post-mortem team to accept the body. Sibal requested additional time to retrieve the document, explaining that it was filled out by the Chief Judicial Magistrate.

The bench also addressed a recent application filed by the Union government, which accuses the Mamata Banerjee-led West Bengal government of failing to cooperate with the Central Industrial Security Force (CISF). The CISF was deployed for security purposes at RG Kar Hospital, and the application alleges that the state's non-cooperation with the force is indicative of systemic issues.

The apex court directed a senior officer from the West Bengal government's Home Department and a senior Central Industrial Security Force (CISF) officer to ensure that all three CISF companies are provided with proper accommodation.

Also referring to the ongoing strike being observed by junior doctors in West Bengal, Senior Advocate Kapil Sibal, appearing for the West Bengal government, informed the bench that the Bengal Government has submitted a status report indicating that 23 people have died due to the absence of doctors. The apex court urged protesting doctors to return to work by 5 pm on September 10, following a request by Sibal, who suggested the court indicate possible proceedings against them.

During a previous hearing on August 22, the Supreme Court had slammed the Kolkata Police for delays in addressing the unnatural death of the doctor. The court had pulled up the West Bengal government after the Central Bureau of Investigation (CBI) alleged that evidence in the case had been altered by the time they took over the investigation from the Kolkata Police on the fifth day.

The court had also urged protesting doctors nationwide to return to their duties, emphasising that "justice and medicine" should not be halted.

In response to the brutal rape and murder case, widespread protests continued in Kolkata on September 8, with participation from various sectors including former students, clay modellers, rickshaw pullers, and junior doctors. The demonstrations, which demanded the arrest of all individuals involved in the crime, spread across Kolkata and its suburbs. Thousands from civil society took part in rallies, and similar demonstrations were held in other cities such as Siliguri, Durgapur, and Kharagpur, as well as in district towns like Balurghat, Purulia, and Cooch Behar.

In Kolkata, hundreds of junior doctors from the state-run NRS Hospital led a significant rally from Sealdah to Esplanade.