Supreme Court pulls up West Bengal govt over Kolkata rape-murder case: 'Haven't come across something like this in 30 years'

The case, which the Supreme Court took up suo motu, has sparked widespread protests and heightened concerns over women's safety in medical institutions.

The Supreme Court, on August 22, pulled up the West Bengal government regarding the timeline of events surrounding the postmortem and the registration of the case as an unnatural death (UD) in connection with the rape and murder of a 31-year-old trainee doctor in Kolkata's RG Kar Medical College and Hospital. The bench questioned why the case was classified as an unnatural death if it wasn't, and noted the unusual timing of events. It was hearing the suo motu case registered in connection with the brutal rape and murder case.

The Central Bureau of Investigation (CBI) submitted its status report to the Supreme Court, highlighting discrepancies in the date and time recorded by the Kolkata Police regarding the matter. The investigating agency also reported financial irregularities linked to the former principal, Sandip Ghosh, including the alleged renting of surveillance cameras instead of purchasing them.

Following the CBI's submission, the bench, headed by the Chief Justice of India (CJI) DY Chandrachud, observed that the Kolkata Police did not adhere to the Code of Criminal Procedure (CrPC) guidelines for handling an unnatural death case. The court requested that a responsible officer from the West Bengal government provide a detailed account of what transpired after the discovery of the body.

Solicitor General Tushar Mehta, appearing for the CBI, informed the apex court that when the central probe agency entered the crime scene, everything was altered. The claim was, however, countered by Senior Advocate Kapil Sibal, representing the West Bengal government, who said, that everything was videographed not altered.

Justice JB Pardiwala expressed concern, remarking, "The entire procedure followed by your state (West Bengal) is something which I have not come across in the 30 years of my career".

The top court said it was very surprising that the postmortem of the deceased was conducted before the registration of the case as unnatural death. It termed it an 'extremely disturbing' delay by Kolkata Police in registering unnatural death in its records.

Commenting on the discrepancies in the timeline of events, CJI Chandrachud remarked, "If it's not a case of unnatural death, then why was it taken for postmortem? Postmortem starts at 18: 10 and ends at 19:10, what was the idea in registering in UD (unnatural death case) at 23:30 hours? UD case was registered at Thala police station at 23:30 hour and FIR was registered at 23:40 hour. It's very surprising postmortem precedes the registration of UD. If this is the fact then there is something dangerous".

The three-judge bench, led by CJI Chandrachud and including Justices JB Pardiwala and Manoj Misra, pointed out that although the crime occurred at night, the crime scene was only secured after more than 18 hours, around 7 pm on August 9, following the post-mortem of the victim's body.

The court noted, “It is clear that an unnatural death case was registered at 11:30 PM after the officer returned to the police station, which was after the post-mortem.”

The apex court then orally suggested that the CBI investigate this irregularity further.

At the beginning of the hearing, the apex court also stressed the need for health professionals to resume their duties, stating that once they return to work, the court will ensure that no adverse actions are taken against them. The bench also highlighted the critical role doctors play in maintaining public health infrastructure and questioned how it would function effectively if they did not return to work.

In its earlier hearing on August 20, the bench had directed both the CBI and the West Bengal government to submit a status report by August 22 on the progress of the investigation into the mob attack at RG Kar Medical College and Hospital.

The top court, on August 20, directed the creation of a national task force to enhance security for healthcare workers following the brutal rape and murder of a doctor in Kolkata. The discovery of the 31-year-old doctor's body at a state-run hospital on August 9 ignited widespread protests and medical strikes across India, highlighting the persistent issue of violence against women.

The CJI had remarked, "The nation cannot wait for another rape for things to change on the ground," on August 20.

The three-judge bench, headed by CJI DY Chandrachud, in its August 20 order, had noted, "The brutality of the sexual assault and the nature of the crime have shocked the conscience of the nation," calling the details "horrific". The court had also mandated the task force, comprising top doctors, to develop a plan to prevent violence in healthcare settings and establish a national protocol for safe working conditions.

The Supreme Court had also slammed the lack of institutional safety measures, noting that medical professionals are often vulnerable due to inadequate security. The next hearing is slated for September 5. Till then, the status reports filed by the CBI and the Kolkata Police will be re-sealed on the orders of the court.