"If This Document Is Missing...": Top Court's Big Question In Kolkata Case

A key document necessary for post-mortem came under the spotlight today as the Supreme Court heard the Kolkata doctor's rape and murder case. Chief Justice of India DY Chandrachud questioned where the challan was and pointed out that an autopsy cannot be carried out without it. Senior Advocate Kapil Sibal, appearing for the West Bengal government, submitted that he could not find the document immediately and would get back to the court on this question.

The question came up after an advocate appearing in the matter asked if the clothes of the victim were produced during the autopsy.

The Chief Justice then asked about the document when the body was handed over for autopsy after the inquest. When Mr Sibal said he is not immediately able to locate it, the Chief Justice replied, "It is important because it has a column showing what clothes and articles were sent along with the body, we want to see that."

The post-mortem team, the Chief Justice said, will not accept the body without the challan. "That is why we want to see it."

Mr Sibal requested the court for more time. "We will submit it to the court. What I am told is that CJM (Chief Judicial Magistrate) filled it up himself and sent it," he said. "Was the post-mortem carried out without the request form at all," the Chief Justice asked, and Solicitor General Mehta added that is not possible because it is a statutory form.

Justice JB Pardiwala, who was on the three-judge bench along with the Chief Justice and Justice Manoj Misra, pointed to the post-mortem report. "See the third column on the top, the constable (who brought the body) is supposed to carry this (form). It has been struck off. So there is no reference of this challan when the dead body is sent for examination. You need to explain, if this document is missing, then something is amiss," he said.

The Chief Justice then said that the CBI should ask for this document from the Bengal government too. An advocate appearing before the bench said this document was submitted during the hearing in Calcutta High Court. The Solicitor General of India then questioned, "In the absence of mention in the post-mortem report, the possibility of it having been created subsequently cannot be ruled out."

Mr Sibal replied, "Nothing is being created subsequently. We will file an affidavit."

"The court has been apprised of challan when the body is examined. CBI states that the above challan duly filled in is not a part of the case file handed over to the CBI. Faced with the above, the advocate appearing for one of the petitioners before the high court says the form was produced before the high court," the court said in its order, adding that the counsel appearing for the Bengal government do not have the document

"Copy of the form duly filled in will be submitted on the next date of hearing," the order adds.

The Supreme Court has now asked the CBI to file a fresh report in the case next Tuesday.

The central agency today flagged the forensic report in the case and said "who collected the samples" has emerged as a relevant question.

Solicitor General Mehta said the central agency had decided to send samples to the All India Institute of Medical Sciences in Delhi.

"We have forensic examination report and one thing is admitted that when the girl was found at 9:30 am, her jeans and undergarments were removed and lying nearby... semi-nude and injury marks also on body... they have taken samples. they have sent to CFSL in West Bengal. CBI has taken a decision to send the sample to AIIMS," he said.

Without explicitly mentioning the findings, the Solicitor General says, "Person enters, girl is nude and this is the result of FSL. So who took the sample is relevant."

The delay in filing the FIR came up again. "There is a delay of almost 14 hours in recording the FIR. It is very clear," the Chief Justice said.