The Calcutta High Court on Tuesday (August 13, 2024) transferred the investigation in the rape and murder of a doctor at R.G. Kar Medical College and Hospital to the Central Bureau of Investigation.
A division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya said that prima facie there has been no significant progress has been made in the investigation in the case and the place of occurrence of crime assumes extraordinary importance. Following the High Court order, the CBI took over the case and team of officers accompanied by forensic and medical experts will arrive in Kolkata on Wednesday (August 14, 2024) and visit the scene of the crime.
“ On or after August 9, 2024, prima facie there has been no significant progress as till date, the State police have not arrested any other person, who may be allegedly involved in the commission of the offence. The place where the crime had been committed assumes extraordinary importance viz. it is in a Government hospital. The victim was a doctor working in the same hospital,” the division bench noted in its order.
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The court observed that it would be well-justified in making an observation that the administration was not with the victim or the family of the victim. The division bench noted that the facts and circumstances of the case warrant appropriate orders without further loss of time and because even after a lapse of five days there appears to be no significant progress in the investigation.
“We would be well-justified in accepting the plea raised by the writ petitioners, more particularly, the parents of the victim that there is every possibility that the evidence will be destroyed and the witnesses will be influenced,” the order said. Along with the family members of the victim five others have filed petitions demanding CBI probe in the case.
The Court directed the police to hand over the case diary to the officer of CBI present in the court. “ The other records, CCTV footages, statements, if any and all material and matters concerning the case shall be handed over to the C.B.I. by 10:00 a.m. tomorrow,” the court added.
The body of a female doctor was found inside seminar room of R G Kar Hospital and Medical College on August 9 and the autopsy report had indicated sexual assault. The Kolkata Police has arrested a civic police volunteer in connection with the crime on August 10. Chief Minister Mamata Banerjee had earlier given a deadline for Kolkata Police to crack the case by Sunday (August 18, 2024), failing which she will transfer the case to the CBI.
Observing that the Court was truly appreciative of the feelings vented out by the doctors and the medical students and in particular, those at R. G. Kar Medical College & Hospital the bench also urged the protesting doctors to call off their strike. “We wish to observe that there is pious obligation on the part of the doctors to treat their patients, more particularly the patients, who come to the Government hospital, who are not from the affluent strata of society,” the order said. The doctors, however, have not withdrawn from their strike, even though they welcomed the Calcutta High Court order directing investigation by CBI. The doctors have put a Wednesday deadline for completion of investigation.
During the proceedings in the court the Chief Justice had asked why a murder case was not registered by the principal of the medical college at the outset and an unnatural death case was initiated at Tala police station and called it serious lapse, giving room for suspicion .
“It is submitted that under normal circumstances, a case of unnatural death is registered when there is no complaint. When the deceased victim was a doctor working in the hospital, it is rather surprising as to why the Principal/hospital did not lodge a formal complaint,” the Court noted.
The division bench came down heavily on the principal of the R G Kar Medical College and Hospital Sandip Kumar Ghosh and said that he could have lodged a complaint with the police since the death occurred within the hospital premises.
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The Court said that it was a clear dereliction of duty on the part of the Principal and the officers under his command. Observing that Professor Ghosh has been made a principal of another government medical college and hospital the court said that it is not clear as to what was the tearing urgency in doing so.
Noting that several submissions were made at the bar with regard to how highly influential Professor Ghosh was, the Court directed that he should be sent on leave and not permitted to hold the post of principal of the National Medical College and Hospital, Calcutta until further directions.
Professor Ghosh had resigned as the principal of R G Kar Medical College and Hospital on Monday and within hours was appointed principal of National Medical College and Hospital, Calcutta.
Leader of Opposition Suvendu Adhikari welcomed the High Court order and demanded the resignation of the Chief Minister for her alleged failure to ensure the safety and security of women doctors at state-run hospitals. Mr. Adhikari said BJP MLAs would launch a sit-in in Kolkata on August 14 to press for their demand.
The rape and murder of the on duty doctor has triggered protests not only in West Bengal but across the country and doctors have held demonstrations demanding speedy justice to the victim. Members of the civil society also hit the streets in Kolkata demanding security for doctors at the workplace.
