The rape and murder of a Kolkata doctor on duty has sparked nationwide protests
West Bengal Chief Minister Mamata Banerjee had given Kolkata Police six days to complete the investigation into the chilling rape and murder of a 31-year-old doctor at a state-run hospital. If the city police cannot finish their probe by Sunday, she said Monday, the state government would recommend a CBI investigation into the incident that has shaken the state and the country.
But five days before the Chief Minister's deadline to police, the Calcutta High Court intervened and ordered that the case be transferred to the central agency at once. This was a rare occasion when a court ordered transfer of the case during the first hearing in the matter.
The bench led by Chief Justice TS Sivagnanam noted that there has been "no significant progress in the investigation" so far and flagged the possibility of destruction of evidence. The court also noted serious lapses on the part of the hospital administration and slammed the former Principal, whose resignation and swift reinstatement in a key role has sparked a row.
Here are some of the key points the high court made in its order:
The Petitions
Multiple public interest litigations were filed in the high court with the common prayer that state police hand over the investigation to CBI or any other independent agency. Among the petitioners were the victim's parents and BJP leader Suvendu Adhikari. The court's order noted that the petitioners had said there were injuries on the victim's body and that Chief Minister Banerjee had said the state government has no objection if the probe was transferred to CBI. The parents, sought a probe monitored by the high court to ensure that no evidence is tampered with or destroyed. The parents also sought protection for themselves, witnesses and any other individual who may have information related to the case.
The Court's Basis
The court said it is a guided by various decisions of the Supreme Court. "At this juncture, we referred to the decision in K. V. Rajendran Vs. Superintendent of Police reported in (2013) 12 SCC 480, where the law has been summarized that the Court would exercise its Constitutional powers for transferring an investigation from the State Investigating Agency to any other independent investigating agency like C.B.I. only in rare and exceptional cases, where the Court finds it necessary in order to do justice between the parties and to instill confidence in the public mind," the order said.
It noted that the other factors are "where investigation by the State police lacks credibility and it is necessary for having a fair, honest and complete investigation and particularly, when it is imperative to retain public confidence in the impartial working of the State agencies".
What The Parents Said
The victims' parents said she spoke to them at 11.30 pm, hours before she was found dead, and "sounded in her usual good spirits showing no sign of distress or discomfort". At 10.53 am the next day, the parents said, the Assistant Superintendent of the hospital informed them that their daughter was unwell. About 22 minutes later, the same Assistant Superintendent told them that their daughter had committed suicide on hospital premises. "The petitioners immediately rushed to the hospital and according to them, they were not permitted to see their daughter's body and they were made to wait for 3 hours," the order said, adding that the petitions "suspect that this delay was intentional". The victim's parents said that they were allowed to see the body only after the Chief Minister intervened. By this time, a large-scale agitation had started on the campus of the hospital.
"The petitioners have narrated the state in which the body of their daughter was found when they were permitted to see and they would state that there were bleeding injuries over the body and there were no cloth on the lower part of the body," the order says, adding, "The parents suspect that more than one individual were offenders and their suspicion is that it is a case of gang rape".
What Bengal Government Said
The state government's counsel said that the police outpost at the medical college and hospital received information about the incident at 10.10 am Friday. "At 10:30 a.m. the local police viz. Tala Police Station was informed. At 11:00 a.m. homicidal team reached the RG Kar Medical College and Hospital and by then more than 150 people had gathered. It is submitted that at 11:30 a.m., the Additional Commissioner of Police and senior officers were at site. The parents of the victim arrived at 1:00 pm," the state counsel said.
The state government said that it is false that the parents were made to wait for three hours.
The state government said the body of the victim could not be moved out of the seminar hall because of the agitation and a doctor examined the body in the seminar hall. Later, the Rapid Action Force had to be called in and the post-mortem was done between 6.10 pm and 7.10 pm.
Court Raps Principal
The high court came down heavily on the Dr Sandip Ghosh, the former Principal of RG Kar Medical College who has made headlines for his resignation and swift reinstatement as Principal of another medical college. "The court said it is "disheartening" that the Principal was not "pro-active". "The Principal of the institution either by himself or by issuing appropriate directions could have lodged a complaint with the police since the death occurred within the hospital premises. This, in our view, was a clear dereliction of duty on the part of the Principal and the officers under his command and this has led to various repercussions and it has been admitted by the authorities that the situation became chaotic and Rapid Action Force had to be brought in," the court said.
Bengal Pulled Up For Reinstating Principal
The court flagged that Dr Ghosh was made Principal of National Medical College & Hospital "within the shortest possible time". "It is difficult to comprehend as to why when a person submits his resignation, the concerned authority of the State did not exercise the two options, which are available i.e. either to accept the resignation or to refuse to accept the resignation."
The court said the state authority should bear in mind the circumstances that led to the resignation. "Therefore, even assuming the resignation was not accepted, the least that can be expected from a responsible higher official of the concerned department is to immediately relieve the Principal from his duties and not assign him any other duty of equal responsibility. If this course had not been adopted and if he has been assigned another responsibility equivalent to the responsibility held by them, it would tantamount to putting a premium," the order says questioning the "tearing urgency" in giving Dr Ghosh a new role. The court asked Dr Ghosh to go on leave immediately and said he shall not be permitted to hold the post of Principal of National Medical College and Hospital, Calcutta until further directions.
'Why Case Of Unnatural Death'
The court shredded the hospital administration over unnatural death case registered after the doctor was found dead. Saying that his was "quite disturbing", the court said, "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. This, in our view, was a serious lapse, giving room for suspicion."
The court noted that the crime spot assumes because it is a Government hospital and the victim was a doctor working there.
"Considering these factors, we would be well-justified in making an observation that the administration was not with the victim or the family of the victim," it said.
"A Peculiar Case"
The court noted that "under normal circumstances", it could have asked for a report from the investigators. "However, the case on hand, is a peculiar case and the facts and circumstances warrant appropriate orders without further loss of time. We are convinced to say so because even after a lapse of five days there appears to be no significant progress in the investigation, which ought to have happened by now and by further loss of time, 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 etc," the order says.
The 'Public Confidence' Angle
One point the court stressed on its order is the need to instill confidence among public that the horrific incident is being properly investigated.
"As pointed out by the Hon'ble Supreme Court, one of the circumstances, which the Court should take note while transferring an investigation from the State Investigating Agency to any other independent agency is to do justice between the parties and to instill confidence in the public mind. Apart from that when it is necessary for having a fair, honest and complete investigation and particularly when it is imperative to retain public confidence in the impartial working of the State agencies," it said.
The court referred to nationwide protests over the incident and said, "Therefore, it has become imperative and necessary for this Court to exercise its jurisdiction failing which the confidence in the public mind would be shattered and the public confidence will also be jeopardized." The court also asked CBI to file periodical reports on the the progress of investigation and the first report shall be filed on the next date of hearing three weeks later.
What Court Said On Doctors' Protests
The court said it appreciates the feelings vented out by doctors and medical students and in particular, those at RG Kar Medical College & Hospital. "However, 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."
"Therefore, we would appeal to the learned members of the medical profession to discuss with the senior officials of the State Government and consider calling off their agitation so that the public, who come to the hospitals for treatment are not put to prejudice," it added.