The Calcutta High Court has demanded photographic proof of the safe condition of a seminar room at Kolkata's RG Kar Hospital, in which a doctor's butchered body was found and which, her parents have claimed, was demolished by vandals during protests late Wednesday and early Thursday.
A furious court also said an "absolute failure of state machinery" led to the vandalism and warned the Bengal government it would order the medical facility to be closed if state police could not protect it and the doctors working there.
The High Court directed the CBI to submit an interim report on the "pre-planned" vandalism. The court had earlier directed the agency to investigate the doctor's killing, noting there could be "no further loss of time" amid claims by the doctor's parents of serious lapses by hospital administration and the police.
The medical college was the scene of a grisly murder, and potential rape, on August 9, which has triggered protests and political squabbles nationwide, including Thursday's 'Reclaim The Night' movement during which a mob clashed with police and barged into and vandalised parts of the hospital.
In response to the court's questions about the vandalism, the state explained, "... there was a mob of around 7,000. The number suddenly swelled... I have videos. They broke barricades... tear gas was fired and 15 police personnel were injured. Deputy Commissioner was injured. Police vehicles damaged. Emergency room ransacked (but) place of occurrence (the crime scene) was protected."
"Hard To Believe Police Didn't Know..."
But the court, which came down strongly on the hospital administration and the cops in earlier hearings too - after the doctors' parents alleged negligence - seemed to dismiss the argument.
A bench led by Chief Justice TS Sivagnanam demanded to know why permission was granted for public protests on so volatile an issue. "Normally police has an intelligence wing... similar things happened on Hanuman Jayanti. If 7,000 are to gather, it hard to believe police did not know."
The state responded that no permission had been granted, but the High Court refused to let the matter drop, pointing out that Section 144 (which prohibits large public gatherings in notified areas) was in effect at the time. "... you should have cordoned off the area," the cops were told.
"7,000 people can't come walking..." the court continued, waving away the state's arguments.
"Absolute Failure Of State Machinery"
"This is an absolute failure of state machinery..." the court thundered, "So they (the police) couldn't protect their own men? A sorry state of affairs. How will doctors there work fearlessly?"
"You are taking measures? What are the preventive measures?" the court also asked.
Meanwhile, arguing for the parents, senior advocate Bikash Ranjan Bhattacharya, claimed the police "hid behind the protesters" and argued that a misunderstanding, and not police action, had saved the crime scene from vandalism.
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"These hooligans went to look for the third floor.. third floor means fourth storey in Bengali, which was the place of occurrence. They misunderstood and went to the second floor instead, thereby saving the crime scene. State machinery failed... crime scene was RG Kar Hospital and police couldn't save it."
The parents' counsel also flagged demolition/renovation work near the crime scene, which hospital authorities have said had been planned earlier and had nothing to do with the crime.
"What was the urgency..." the court asked, "You go to any district court... no ladies washroom. PwD (Public Works Department) does nothing... what was the need here?"
"We will close down the hospital. We will shift everyone. How many patients are there?" the court raged, even as the state repeatedly assured the court "the crime scene is secure".
"Okay... we take your word," the court finally said, but added, "You should also be disturbed! Being a citizen of the city it pains me... It should pain you also."
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The High Court eventually ordered the police, who have arrested nine people so far, to place all details about the protest, including a timeline of events, before the CBI and said the federal agency "is directed to proceed as deemed appropriate." The court also emphasised the need for protection for doctors.
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