Kolkata rape-murder case highlights: Supreme Court slams Kolkata police for delay in registering FIR; doctors are told to join work

Punyabrata Gun, of Joint Platform of Doctors (West Bengal), told The Hindu that the ruling Trinamool Congress was now out to break the movement for justice and that party workers were turning violent against protestors. “They unleashed violence against protesters first in Mathabhanga, then in Barasat, and last night in Naihati. They want to instil fear among people. They want to discredit doctors. It is very unfortunate that the accident victim died, but what could the doctors do? They tried their best, but they cannot stop death,” Dr. Gun said.

“The state of West Bengal must take steps to create confidence in the minds of the doctors that their concerns regarding their safety and security are being duly attended to. In order to ensure this, all the district collectors and SPs (superintendents of police) shall take stock of the situation in all government medical colleges and public hospitals and provide adequate safety”, the Bench said.

Demanding justice for the deceased Kolkata medic, members of several Left Front organisations on Monday (September 9, 2024) marched to the city police headquarters at Lalbazar and accused the state government and the ruling TMC of attempting to shield the actual perpetrators.

The marchers, who pushed against barricades and attempted to scale an iron wall of Lalbazar, carried placards featuring the image of the woman medic in red and black hues, with the slogan “We will not rest until your tormentors receive maximum punishment.” A strong police presence and RAF were stationed behind the barricades at the police headquarters to maintain order.

A top doctors’ association in West Bengal has demanded an unconditional apology from Trinamool Congress (TMC) leader and MP Abhishek Banerjee for his claim that a young accident victim had died because doctors were busy protesting.

Calling Mr. Banerjee’s claim on social media “untrue and incendiary”, the Joint Platform of Doctors (West Bengal) demanded an unconditional apology from him — this being the first time that doctors have directly taken on the top rung of the TMC leadership.

The Supreme Court directed the West Bengal government to liaise with the Central Industrial Security Force (CISF) and ensure accommodation and availability of security gadgets needed by its personnel deployed at the R.G. Kar Medical College and Hospital in Kolkata by today evening (September 10, 2024).

A bench headed by Chief Justice D.Y. Chandrachud directed the State Government to nominate a senior officer from the Home Department and a top CISF officer to act jointly and ensure that all three companies of the central paramilitary force are provided proper accommodation.

The top court noted the Centre’s submission that one company of the CISF has been accommodated at RMA Quarters in R.G. Kar College, a Kolkata Municipal Corporation School, and at Indira Matri Sadan.

- PTI

Healthcare services across West Bengal have been significantly disrupted for over a month due to a cease-work protest by junior doctors demanding justice for a colleague allegedly raped and murdered at R.G. Kar Medical College and Hospital.

On Monday, the West Bengal Government told the Supreme Court that 23 people have died because of the doctors’ protests.

“It’s over a month and the investigation could not reach any conclusion. When will justice be given to the victim? Do you think that we are doing injustice to the people? We do not want to continue to cease work, but unless justice is meted out, we will not resume duty,” one of the junior doctors at the RG Kar Hospital told PTI.

The agitating junior doctors have launched a telemedicine service, the ‘Abhaya Clinic’, through which they have started attending patients.

- PTI

BJP youth wing activists on Monday (September 9, 2024) held a demonstration outside the office of the deputy commissioner of the Kolkata Police north division, demanding justice for a doctor who was allegedly raped and murdered at a hospital in Kolkata last month.

Hundreds of BJP Yuva Morcha North Kolkata unit workers marched towards the office of the DC, North.

The activists led by BJP leader Sajal Ghosh demanded the removal of Deputy Commissioner (North) Abhishek Gupta, under whose jurisdiction the R.G. Kar Medical College and Hospital falls, and Kolkata Police Commissioner Vineet Kumar Goyal.

The police had put up barricades outside the office of the DC North and tried to stop the BJP Yuva Morcha workers.

“The police personnel have turned into cadres of the Trinamool Congress. The DC and the Kolkata police commissioner are both responsible for covering up the case. They should immediately resign,” Mr. Ghosh said.

- PTI

The Trinamool Congress hailed the Supreme Court direction asking protesting doctors in West Bengal to resume work by 5 p.m. on Tuesday (September 10, 2024) and said the primary duty of the medics is to save lives, and this commitment cannot be compromised.

“Protests can’t be at the cost of duty.” - Honourable Chief Justice of India.

“We express our gratitude to the Supreme Court for stepping in & directing doctors, who have been abstaining from their duties over the R.G. Kar tragedy, to return to work by 5 p.m. tomorrow. The ultimate duty of a doctor is to save lives, and this commitment cannot be compromised. We humbly urge them to abide by their sacred oath to care for those in need,” the party posted on X (formerly Twitter).

Amidst raging protests over the rape and murder of a doctor at R.G. Kar Medical College and Hospital, West Bengal Chief Minister Mamata Banerjee on Monday (September 9, 2024) urged the people to call off protests and return to Durga Puja festivities and appealed to protesting doctors to resume work.

“If everyday there are protests at night, people get disturbed. One month has passed; I will appeal to people to return to (Durga) Puja festivities,” she said. 

Thousands of people have been out in the streets protesting against rape and murder and demanding safety for women at their workplace. Protesters have called for ‘Reclaim the Night’ on two occasions (August 14 and September 8) in the past one month since the body of the doctor was found on August 9.

“Kolkata CP Vineet Goyal offered to resign after R.G. Kar protests, but we need someone who knows law and order ahead of Durga Puja,” said West Bengal Mamata Banerjee.

- PTI

The court reiterates that protesting doctors must re-join work by 5 pm tomorrow. The WB govt is ordered to not take any adverse action against doctors who resume work tomorrow. 

The hearing ends. 

The Chief Justice states that, as a confidence-building measure, if doctors return to work before 5 p.m. tomorrow, no punitive actions, including transfers, will be taken against them. 

He however warns that adverse action may be taken if the doctors continue to abstain from work. He underscores that doctors must not ignore the community’s needs and have a duty to serve both patients and the public.

CJI Chandrachud notes that abstention from work by resident doctors for the last 28 days has resulted in severe disruption to the healthcare system of West Bengal. 

The Bench accordingly directs the West Bengal government to take necessary measures to reassure doctors that their safety is being attended to. He instructs District Collectors and Superintendents of Police to assess the situation and ensure safety in government medical colleges and public hospitals. This includes providing separate duty rooms, and restrooms, and installing CCTVs. The Chief Justice also notes that funds have been allocated by the state for CCTV installation and other structural improvements for doctors.

Mr. Sibal apprises the court that 23 individuals have died due to inadequate treatment. He points out that the protests are occurring without any police authorisation and that doctors are refusing to treat injured policemen. 

He underscores the critical role of resident doctors in the healthcare system and discloses that 600,000 patients have been denied treatment.

The Chief Justice questions whether the rape and murder case would have occurred with over 2,000 CCTV cameras in place. He reviews the State Health Department’s report, which mentions the installation of 6,178 additional CCTVs and 893 restrooms under construction. He also notes that the state is “considering” the installation of additional lighting.

SC directs the West Bengal government to submit on the next date of hearing i.e. on February 17 the challan listing the crime scene articles sent with the body to the post-mortem doctor. 

The West Bengal government has been ordered to put in motion safety measures in hospitals without waiting for the National Task Force report. 

The Supreme Court directs that photographs of the victim’s body be removed immediately from social media to protect the privacy and dignity of the victim and her family.

Senior advocate Geeta Luthra alleges that the crime scene was tampered with and the adjoining bathroom tiles and sink were changed to escape the luminol test. 

CJI Chandrachud asks the CBI to ensure that all safety and security measures are taken so that unauthorised persons, including civic volunteers, are not allowed in all parts of the hospital. 

The Chief Justice of India notes that there is clarity regarding when the body was discovered and the movements around the room during that time. He begins to mention that the stomach contents also reveal something but leaves it incomplete. 

Senior advocate Mahesh Jethmalani then completes the statement, indicating that the stomach contents show the victim had a meal.

CJI says there was at least a 14-hour delay to register the FIR. 

Mr. Sibal seeks time to file an affidavit in this regard. 

CJI Chandrachud tells the CBI that if the document has not been received, then the agency has to requisition it from the Kolkata police. 

The Chief Justice enquires about the challan or document used when the body is sent for post-mortem. He asserts that this document is crucial as it includes a section listing the clothes, and articles seized and bagged.

Mr. Mehta says that the document was not handed over to the CBI. The CJI says that without this document, the post-mortem doctor would not receive the body.

“If this document is missing, then something is wrong”, Justice Pardiwala remarks. 

CJI Chandrachud again questions if the entire CCTV footage was handed over to the CBI by the Kolkata police. 

He notes that there is footage of the accused leaving the seminar hall. “Who else entered?” the CJI asks. 

Mr. Mehta submits a status report which stipulates that the victim’s death was homicidal, with evidence of forceful penetration and sexual abuse.

The CBI will be sending it to AIIMS Delhi for retesting, he adds. 

A lawyer intervenes, stating that post-mortems are never conducted after 6 p.m. He questions whether the victim’s clothes were sealed and handed over to the investigating officer by the post-mortem doctor.

Mr. Sibal responds saying that the Judicial Magistrate was present during the post-mortem, along with five women doctors.

The Supreme Court inquires about the steps the West Bengal government has taken to ensure the safety of doctors and medical staff in the State. Mr. Sibal responds that the Health Department has filed an affidavit on the matter.

Mr. Mehta complains about the lack of accommodation for CISF, especially women constables, stationed at RG Kar Hospital.

Addressing this grievance, Mr. Sibal gives details of the various accommodations provided for the CISF personnel. He apprises the court that the residential facilities were identified by the CISF itself. 

CJI Chandrachud asks the CBI to continue with the investigation and orders the central agency to file a fresh status report on September 17, 2024.

The Bench returns the case records to the CBI.

Read the full story below

Kolkata rape-murder case: Supreme Court directs CBI to file fresh status report by September 17

Kolkata doctor rape-murder case: Supreme Court directs CBI to submit fresh report on RG Kar medic rape-murder case by September 17, 2024.

Mr. Mehta says that the Kolkata Police handed over only 27 minutes of the CCTV footage. 

He further expresses dissatisfaction with the forensic results, noting that the body of the victim was found in a semi-nude state. 

He mentions that the forensic evidence has been sent to the CFSL in West Bengal but emphasises the need to send the samples to AIIMS and other CFSLs for further analysis. As he passes on the forensic report to the court, Mr. Mehta underscores that the question of who collected the samples is now relevant.

CJI Chandrachud reveals from the report that there is CCTV footage showing the accused entering and exiting the seminar room. 

He enquires if the Kolkata police have handed over the entire footage to the CBI. Both the State and the CBI respond in the affirmative. 

A debate ensues over the timing of the General Diary (GD) entry, with Mr. Sibal claiming it was made at 2:55 p.m. and Mr. Mehta arguing it was recorded at 11:30 p.m. the previous night. 

To substantiate his claim, Mr. Sibal presents a certified copy of the GD entry to the Bench. 

Mr. Sibal further apprises the court that the inquest was conducted by the Judicial Magistrate at 4:10 p.m. and was videographed. The search and seizure took place between 8:30 p.m. and 10:45 p.m, he adds. 

Addressing Mr. Sibal, CJI Chandrachud seeks clarification as to the exact time at which the unnatural death (UD) case was registered on August 9 by the Kolkata police. 

Sibal replies that the death certificate came at 1.47 pm and the UD case was registered at 2.55 pm. 

Chief Justice D.Y. Chandrachud asks, “What is the distance between the residence of the principal and the RG Kar Medical College?” 

In response, Mr. Mehta says – “20 minutes”. 

The Bench is perusing the status reports. 

Solicitor General of India Tushar Mehta expresses his displeasure at the West Bengal government not sharing its status report with the CBI. He asks “why hide”.

In response, senior advocate Kapil Sibal says that the status report was not filed but served to the court in sealed cover. 

In the last hearing, West Bengal government was asked by the top court to file a report on its investigation into the August 14 incident of vandalism and violence at R.G. Kar Medical College and Hospital in the metropolis.

The Bench has assembed. The hearing begins. 

The CBI and the West Bengal government file separate, sealed cover status reports outlining the progress of the investigation. 

Senior advocate Kapil Sibal appearing for the West Bengal government informs the court that 23 people have died due to doctors’ strike. 

What were the directions issued by the top court in the previous hearing? 

Underscoring the necessity of enhancing safety standards in hospitals, the Bench observed, “As more and more women join the work force in cutting edge areas of knowledge and science, the nation has a vital stake in ensuring safe and dignified conditions of work. The constitutional value of equality demands nothing else and will not brook compromises on the health, well being and safety of those who provide health care to others. The nation cannot await a rape or murder for real changes on the ground.”

Watch here. 

Watch: Kolkata rape and murder case: What the Supreme Court said

In this video we will take you through some of the key directions issued by the Supreme Court in the Kolkata rape and murder case

The Supreme Court on Thursday (August 22, 2024) appealed to the doctors protesting the brutal rape and murder of a trainee doctor at Kolkata’s R.G. Kar Medical College and Hospital to return to work while emphasising that measures have now been undertaken to institutionalise their grievances.

A three-judge Bench headed by Chief Justice of India (CJI) D.Y. Chandrachud also directed the Ministry of Health and Family Welfare to coordinate with the Chief Secretaries and Directors General of Police of each State to implement basic safety measures until the National Task Force submits its interim report. Following the top court’s order, the Resident Doctors’ Association (RDA) of Delhi AIIMS, Indira Gandhi Hospital, and Dr RML Hospital called off their 11-day strike.

Watch here. 

Watch: Kolkata rape-murder case: What the Supreme Court said on Day 2 of hearing

In this video we will take you through some of the key directions issued by the Supreme Court in the case

A Bench of Chief Justice of India (CJI) D.Y. Chandrachud and Justices JB Pardiwala and Manoj Misra is slated to hear the matter at 10:30 am. 

​​Watch the court proceedings live here​​. 

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Justice for the rape and murder of a doctor in RG Kar Medical College and Hospital is the primary concern but the allegations that the practice of several students obtaining degrees in medicine through unfair means must not be lost sight of, according to lawyers.

They expressed optimism that the National Task Force (NTF) formed by the Supreme Court to formulate a protocol for ensuring the safety and security of doctors and other healthcare professionals will have far-reaching effects in the future.

- PTI

The rape and murder of a woman doctor at RG Kar Hospital has triggered massive public outrage in West Bengal, creating a major political crisis for the ruling TMC and posing one of the biggest challenges to Chief Minister Mamata Banerjee’s leadership since she took office in 2011.

Political observers and leaders believe the sustained mass movement following the tragedy has created fertile ground for a new political party in West Bengal driven by ordinary citizens, students, and professionals disillusioned with the ruling TMC and opposition BJP and CPI(M).

- PTI

On September 3, the West Bengal Legislative Assembly unanimously passed the ​​​Aparajita Women and Child (West Bengal Criminal Laws Amendment) Bill​​​, 2024, in response to the rape and murder of a young doctor.

The Bill introduces strict penalties, including a compulsory death sentence for rapes resulting in death or permanent injury—a first in Indian law. It also mandates fast-tracked investigations and trials for rape and acid attack cases, with timelines shortened to 21 and 30 days respectively.

​​​Watch the video here​​​. 

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Aparajita Anti-Rape Bill | Watch: What does Bengal’s Anti-Rape Bill entail?

Aparajita Anti-Rape Bill: West Bengal Legislative Assembly passes Aparajita Women and Child Bill with the death penalty for rape, fast-tracked trials.

West Bengal Governor Dr. C.V. Ananda Bose on September 8 directed CM Mamata Banerjee to hold an immediate emergency Cabinet meeting to discuss the people’s demand to replace Kolkata Police Commissioner Vineet Goyal.

“Governor Bose has directed CM Mamata Banerjee to hold an emergency Cabinet meeting to discuss people’s demand for justice for the deceased woman doctor,” a Raj Bhavan source said.

“According to the Governor, the State should function within the Constitution and the rule of law. The ostrich-like attitude will not pay and the State must address the public demand to remove the Police Commissioner of Kolkata,” the source said.