Kolkata rape-murder case Highlights: Bengal government removes Director of Health Services, Director of Medical Education

The Supreme Court on Tuesday (September 17, 2024) observed that the revelations in the new status report filed by the Central Bureau of Investigation (CBI) were “disturbing” while hearing the suo motu case concerning the rape and murder of a postgraduate doctor at Kolkata’s RG Kar Medical College and Hospital. 

However, a Bench led by Chief Justice of India (CJI) D.Y. Chandrachud chose not to disclose the specifics of the report, citing concerns that such revelations could compromise the ongoing investigation. The Chief Justice also noted that the CBI is examining several possibilities, including potential tampering with the crime scene, involvement of additional individuals beyond the two accused, and evidence tampering.

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Watch: Kolkata rape-murder case: Supreme Court says it is ‘disturbed’ by CBI findings, rejects plea to halt live-streaming

Kolkata rape-murder case: what the Supreme Court observed of the CBI’s findings, on live-streaming, and more

“What the CBI has revealed in the report is really disturbing. What you are flagging is of utmost concern,” the SC said on Tuesday (September 17, 2024) in the rape and murder of the R.G. Kar Medical College trainee doctor in Kolkata but refused to divulge the details, saying any disclosure may jeopardise the ongoing investigation.

The SC further said the agency is not “sleeping over” the investigation and it needs to be given time to “unearth the truth.” “We ourselves are concerned, CBI has flagged it for us. We are ourselves disturbed by what we have read,” the top court told a lawyer who claimed discrepancies in the seizure list and sketch of the crime scene.

- PTI

West Bengal Assembly LoP Suvendu Adhikari on Tuesday (September 17, 2024) asserted that the “anti-woman” nature of the state government “stands exposed”, after its recent circular that allowed woman doctors to avoid night duty, capping their working hours to 12 hours at a time. His comments came on Tuesday (September 17, 2024) shortly after the SC’s took objection to the West Bengal government’s ‘Rattirer Saathi’ programme, while hearing the rape-murder case of the R.G. Kar Medical College woman doctor in Kolkata.

The State Government told the bench that it would withdraw the notification for women doctors after the top court’s objection.

Mr. Adhikari termed the programme was a “regressive” move and “discriminating”.

- PTI

Dr. Swapan Soren was appointed the new in-charge Director of Health Services (DHS) and Dr. Suparna Dutta officer on special duty of Medical Education (DME), it added.

- PTI

The West Bengal government on Tuesday (September 17, 2024) removed Dr Kaustav Nayak and Dr Debasish Halder from the position of Director of Medical Education (DME) and the Director of Health Services (DHS) respectively, a health department order said.

The order was issued following the meeting between Chief Minister Mamata Banerjee and agitating junior doctors on Monday night when Banerjee had promised to remove Nayak and Halder from their positions.- PTI

West Bengal government has removed Vineet Goyal from the position of Kolkata Police Commissioner. The removal of Kolkata CP was one of the five demands, the junior doctors in Kolkata were protesting for, starting from August 9- PTI

The Supreme Court on Tuesday (September 17, 2024) junked a plea seeking the resignation of West Bengal Chief Minister Mamata Banerjee in the wake of the protest after the rape and murder of a postgraduate medic at the RG Kar Medical College and Hospital in Kolkata.

A Bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra reprimanded the lawyer for his plea and said it does not have a remit to pass such an order.

“This is not a political forum alright. You are a member of the bar. We do not require your affirmation of what we say. What you say has to abide by the rules of legal discipline. We are not here to see what you feel about a political functionary. We are dealing with the specific grievances of the doctors. If you ask me to direct that CM should resign that’s not part of our remit,” the Bench said.- PTI

The Supreme Court on Tuesday (September 17, 2024) directed the CBI to submit a status report on the probe into alleged financial irregularities at the R G Kar Medical College and Hospital in Kolkata.

The top court also perused the status report filed by the central probe agency concerning the rape and murder incident and said disclosing the status will jeopardise further investigation.

The Bench has risen. The hearing has ended for the day. 

Senior advocate Indira Jaising says it is their (doctors) belief, rightly or wrongly, that people who are involved, possibly in the cover-up of the case, are still there. 

“Protesting believe they will have to face some kind of victimisation if they rejoin work”, she adds. 

Mr. Sibal interjects and points out that the Chief Minister has given an assurance that there will not be any punitive action against them.

SC criticises the State’s August 19 notification, which recommends that women should “preferably” not work beyond 12 hours or take night shifts. The Court stresses that such concessions are unnecessary and that gender equality should be upheld. 

The Chief Justice points out that the 12-hour duty rule should apply equally to both male and female doctors. He asserts that instead of restricting women doctors’ hours and careers by barring night duties, the State should focus on ensuring their safety.

The Bench records the serious concerns expressed regarding the State’s Rattirer Sathi scheme, which deploys 1,514 contractual security personnel to guard government hospitals and medical colleges. 

The Court agrees with these reservations, noting that a civil volunteer is currently implicated in the crime in question.

The Supreme Court records in an order that the West Bengal government is undertaking the construction of additional duty rooms and toilets, as well as the installation of CCTV cameras. The Court directs that representatives from both senior and junior doctors should be included in teams led by district collectors and superintendents of police in each district. They will be consulted concerning the development of infrastructure in public hospitals and medical colleges.

The Court further notes from the status report filed by the WB government that 910 additional women police personnel are undergoing training for deployment at government hospitals and medical colleges across West Bengal. 

The Chief Justice expresses skepticism about relying on contractual security personnel in medical colleges. He argues that the most effective approach is to deploy police personnel at these institutions. 

He points out that many of the students are young women who have joined medical colleges directly after Class 12. Consequently, the CJI advocates for the deployment of police personnel at a minimum of 45 medical colleges and hospitals in the state.

“In RG Kar hospital, the installation of CCTV cameras is slow. Of over 400 additional cameras, only 36 have been installed. Why can’t you have biometric access to sensitive portions of the hospital”, the CJI asks. 

The CJI points out that the crime was allegedly committed by a civil police volunteer. 

“What security would junior doctors have against security personnel?”, he asks. 

In response, Mr. Sibal assures that proper verification will be conducted, and hiring will be managed through a security company. He says that proper arrangements will be made once the CISF’s deployment ends. He adds that there are police outposts in every hospital.

Mr. Sibal gives a brief on what happened in the discussion between Chief Minister Mamata Banerjee and the junior doctors on September 16.

He asserts that the State government will take all necessary measures to assist the CBI in expediting the investigation and securing justice for the victim and her family. The Bench is further apprised that the Kolkata Police Commissioner, the Deputy Commissioner (north division), the Director of Medical Education (DME) and the Director of Health Services (DHS) have been removed. Additionally, ₹100 crore has been allocated for hospital infrastructure improvements.

“The Rog Kalyaan Samithi will be made more inclusive, and a Task Force led by the Chief Secretary will be established to enhance hospital security”, Mr. Sibal adds. 

Lawyers representing an association for ‘doctors for patients’ in West Bengal object to the State’s move to reduce women doctors’ working hours to 12 hours and no night duty. 

In response, the Chief Justice asserts that women do not want concessions but equal opportunities. 

“You cannot tell women to not work at night. It is your duty to provide them protection whenever they work. Women pilots, defence personnel, etc, work at night”, he adds. 

Senior advocate Karuna Nundy and senior advocate Indira Jaising, who represent the senior doctors, argue that the West Bengal government’s “Rattiter Sathi” scheme and its designated personnel for doctor protection should be discontinued. They recommend that regular police personnel be assigned instead. 

Senior advocate Karuna Nundy, appearing for 25000 junior docs, says the West Bengal government has made many misleading statements against them and “demonised” them.

“The State says the West Bengal medical system is collapsing because of the strikes of the junior doctors. The senior doctors are supporting us by working overtime”, Ms. Nundy adds. 

SC orders Wikipedia to take down the name and photos of the victim. 

“In the interest of maintaining the dignity and privacy of the deceased, the governing principle is that the identity of the victim in a rape and murder case shall not be disclosed”, the Chief Justice records in the order. 

He orders Wikipedia to comply with prior directives in this regard. 

CJI says that there is a distinction between the DVR of CCTV footage and the video recordings of the search and seizure operation. He enquires whether the DVR footage was submitted.

In response, Mr. Sibal asserts that all evidence was indeed handed over. He reads from the list of electronic video footage provided to the CBI, which includes the spot map and requisition slip. 

Mr. Sibal appearing for the West Bengal government refutes CBI’s claim. He says that seven to eight hours of CCTV footage has been handed over to the CBI. 

“We have a taking-over document signed by the CBI”, he adds. 

A lawyer highlights discrepancies in the seizure and collection of forensic evidence, including samples from the crime scene. 

The Chief Justice responds by saying that what the CBI has revealed in its status report is “worse”. He flags that the court is “very disturbed” by the findings. 

The court is further apprised that only 27 minutes of the CCTV footage has been handed over to the CBI by the Kolkata police. 

The lawyer also points out that there is a possibility of somebody having used a ‘blocker device’ so that the “hash value” is not changed. “The CCTV footage of the entrance of the seminar room, where the crime allegedly took place, only shows one side. Persons could have left through the other side”, he flags further. 

Mr. Mehta points out that the name and picture of the victim have been disclosed on Wikipedia despite the previous Supreme Court order. 

The Chief Justice remarks that this amounts to breaking the law and that he would pass an order to this effect. 

“The easiest thing in the world would be to say that, well, complete the investigation in one week. That would not subserve the purpose of outing the truth. We have to give the CBI adequate time and they are not sleeping over the investigation,” CJI says. 

Senior advocate Indira Jaising, appearing for some young doctors, and advocate Vrinda Grover urge the court that CBI should maintain a liaison with the victim’s parents. Solicitor General Tushar Mehta assures that it would be done. 

The Chief Justice asserts that it would be unwise to reveal the line of investigation of the CBI since it could potentially jeopardise the ongoing investigation. 

“The line of probe followed by the CBI is intended to unearth the absolute truth. They are looking at various issues, including the scene of crime tampering, complicity of other persons, tampering of evidence... the station house office (SHO) has been arrested. The CBI has specifically responded to issues raised by us in the last hearing”, he remarks. 

He further urges the petitioners to give CBI time to complete the investigation.

Also Read: ​Kolkata rape and murder case: CBI arrests police officer, ex-R.G. Kar principal Sandip Ghosh ​

The Chief Justice questions why the chargesheet in the case was not filed within 60 days as mandated. 

Solicitor General (SG) Tushar Mehta appearing for the CBI clarifies that since it is a case of rape and murder, the timeline to file a chargesheet is 90 days. 

As per the Court’s prior directions, the CBI has filed a fresh status report. 

The Bench peruses the report. 

Senior advocate Kapil Sibal appearing on behalf of the West Bengal government objects to the live-streaming of the proceedings. He points out that the guidelines issued by the Supreme Court in ​Swapnil Tripathi v. Union of India ​(2018) had cautioned against the live-streaming of sensitive and sexual assault cases. 

Mr. Sibal also apprises the Bench that women advocates have been on the receiving end of rape threats. 

The Chief Justice refuses to halt the live-streaming of the proceedings. He asserts that it is a matter of public interest. He however assures that steps will be taken to protect the members of the Bar. 

​The live-streaming of the Supreme Court proceedings can be watched here​. 

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A Bench led by Chief Justice of India (CJI) D.Y. Chandrachud has assembled. The hearing of the case has begun. 

A three-judge Bench headed by Chief Justice of India D.Y. Chandrachud had given the protesting doctors an ultimatum on September 9, the previous date of hearing, to rejoin duty the next day by 5 p.m.

Besides seeking a confidential status report from the Central Bureau of Investigation on the progress made in the probe into the crime, the Bench had asked the State to put in motion the safety measures for doctors at work without waiting for the Supreme Court’s National Task Force to submit its report on reforms. It gave the West Bengal government a week to take necessary steps “to create a degree of confidence in the minds of the doctors that their concerns about their safety and security are really attended to”.

The court had directed the District Collectors and Superintendents of Police in each district across West Bengal to “take stock of the situation” at every public hospital and medical college and ensure that steps are taken for the safety of women doctors, including the provision of separate duty rooms, toilets and installation of CCTVs. 

Agitating junior doctors in West Bengal on Monday (September 16, 2024) continued with their cease work, stating that they would remain steadfast in their resolve to pursue justice for the medic raped and murdered at the RG Kar hospital.

The doctors continued their sit-in outside Swasthya Bhawan, the headquarters of the Health department, for the eight day and the cease work for the 36th day and vowed to continue it till their demands - the removal of Kolkata Police Commissioner and senior state health officials are met.

“We will continue our cease work till our demands are met. The State government is not serious about resolving the crisis,” an agitating junior medic said.

Read more here. 

R.G. Kar hospital rape-murder case: Kolkata junior doctors continue ‘cease work’

Kolkata doctor’s rape-murder case: A few previous attempts at talks between the junior doctors and CM Banerjee had also failed due to disagreements over live streaming of the meetings and the number of attending representatives..

The Supreme Court on Monday (September 9, 2024) directed the doctors in West Bengal, who are abstaining from duties as part of protests over the rape-murder of a doctor in the RG Kar Medical College and Hospital in Kolkata, to immediately return to work. They have been asked to resume their duties by 5 pm on September 10, failing which the State government will be authorised to initiate disciplinary action against them.

A Bench led by Chief Justice of India (CJI) DY Chandrachud and also comprising Justices JB Pardiwala and Manoj Misra however assured that no punitive action, including transfers, will be ordered against the doctors who return to work within the stipulated time.

Watch here. 

Watch | Kolkata doctor rape and murder case: SC asks striking medics to resume work by September 10, CBI told to file fresh status report

Supreme Court directs protesting doctors in West Bengal to return to work, ensuring safety measures and CBI investigation.

The Jipmer Resident Doctors’ Association (JRDA) staged a pen-down protest confined to elective duties for an hour on Monday as part of a nation-wide stir to express solidarity with the month-long agitation by resident doctors in Kolkata seeking justice in the rape-murder of a PG trainee at the RG Kar Hospital.

The JRDA rescheduled its pen-down stir planned initially during the forenoon to 4 p.m. following a request from the administration. They also took out a rally in the Jipmer campus from the OPD screening section to the Administration Block. Read more

Enforcement Directorate (ED) officers on Tuesday morning started simultaneous raids at six locations in Kolkata, including the residence of a TMC MLA, in connection with their investigation into the alleged financial irregularities at RG Kar Medical College and Hospital, an officer of the agency said.

Search operations were underway at the Sithi residence of TMC’s Serampore MLA Sudipto Roy and the house of a medicine dealer, besides four other places, he said.

“These raids are as part of our investigation into the alleged financial irregularities in RG Kar Hospital. We have certain inputs due to which these raids are being conducted,” the ED officer said. 

Read more here. 

Kolkata doctor’s rape-murder case: ED raids six locations in Kolkata over RG Kar ‘financial irregularities’

Enforcement Directorate conducts raids at TMC MLA's residence and other locations in Kolkata for financial irregularities at rg kar hospital

Protesting junior doctors hailed the decision of ​West Bengal Chief Minister Mamata Banerjee to remove of Commissioner of Kolkata Police​, Health Department officials, and Deputy Commissioner (DC) North as a major victory and landmark in their 38-day long protests demanding justice for their 31-year-old deceased colleague.

The doctors, however said that they want the assurances to be acted upon and will resume services only after consulting with protesting doctors of other hospitals. The development comes after a meeting between the Chief Minister and a delegation of about 40 doctors at her residence. ​Read more​

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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

Senior doctors of R.G. Kar Medical College on Monday (September 16, 2024) alleged tampering of evidence in the ​Kolkata doctor rape and murder case.​

Addressing a press conference here, they reiterated their demand for a live streaming of the meeting between them and the West Bengal government. ​Read more​

RG Kar Medical College’s former principal Sandip Ghosh was found to be “deceptive” while answering important questions on the ​rape and murder of a trainee woman postgraduate doctor​ during his polygraph test and layered voice analysis, officials said.

The CBI, probing the case, ​arrested Ghosh on September 2​ in connection with financial irregularities at the hospital. The federal probe agency later added charges of evidence tampering against him. ​Read more​

After a meeting with protesting doctors on Monday (September 16, 2024), West Bengal Chief Minister Mamata Banerjee announced that as demanded by them, Kolkata Police Commissioner Vineet Kumar Goyal, the Deputy Commissioner of Kolkata Police, North, and two senior officials of Health Department would be replaced.

“We have agreed to remove the Director of Health Services and Director of Medical College. After the demand of doctors, the Commissioner of Kolkata Police has decided to step aside pending investigation,” Ms. Banerjee said. Stating that the talks were positive, she urged the doctors to return to work. She also said that no action would be taken against those who had participated in the protests over the past few weeks. ​Read more​