The Supreme Court today said the delay in filing the FIR in the Kolkata doctor’s rape-murder case cannot be justified and again questioned the role of Dr Sandip Ghosh, former principal of RG Kar Medical College and Hospital, who has come under the lens in the aftermath of the incident.
Responding to West Bengal government counsel Kapil Sibal’s submission that Kolkata Police followed the procedure to a tee, Chief Justice DY Chandrachud said, “Procedure is a separate issue, but the point remains. What is the reason the FIR is lodged almost 14 hours after the discovery of the (body). The most important thing is that the principal of the college should have come straightaway to the college and directed the filing of the FIR. Who was he in touch with?”
“The moment he tenders the resignation, he is appointed as principal of another college” the Chief Justice asked. Mr Sibal said the state will respond to this matter separately.
The CBI and Kolkata Police submitted separate status reports to the Supreme Court today. The central agency’s submission related to the probe into the 31-year-old doctor’s rape and murder, while the city police provided an update on the investigation into the mob vandalism at the Kolkata hospital in the early hours of August 15.
Mr Sibal also sought protection for the state government so that it can tackle future protests. To this, the Chief Justice asked, “How can we protect the State?” Mr Sibal then cited the court’s earlier direction that the state will not take coercive action on peaceful protests. “We have not for a moment said that the requisite provisions of laws should not be complied with. What we meant was stop arresting people who are…,” the Chief Justice replied.
The bench clarified that that while the court had permitted peaceful protests, it should not be misconstrued to mean that State cannot lawfully use its power. “However, we categorically reaffirm that peaceful protests shall not be disturbed and disrupted and the State shall not take any action against those peacefully protesting against the incident which took place in RG Kar Hospital,” the bench said.
The bench, also comprising Justice JB Pardiwala and Justice Manoj Misra, posted the next hearing for September 5.
The court is hearing a bench of petitions relating to the chilling rape and murder of a 31-year-old doctor at the state-run hospital. The victim, a postgraduate trainee doctor, was found dead in the seminar hall of the hospital on August 9. Medical examination confirmed rape.
Kolkata Police arrested an accused, a civic volunteer named Sanjoy Roy, a day after the incident. However, days later, the Calcutta High Court transferred the case to the CBI, noting no significant progress in the city police’s probe. The CBI is yet to make any arrest in the case.
