Supreme Court Slams Bengal Govt, Orders CISF Security for Doctors Amid Delay in Rape-Murder Case

New Delhi: The Supreme Court of India criticized the West Bengal Government on Tuesday for its delay in filing an FIR regarding the rape and murder of a doctor at RG Kar Medical College and Hospital in Kolkata. The court expressed its dismay at the state’s initial attempts to label the tragic incident as a suicide.

The case was brought to the attention of a Bench led by Chief Justice of India (CJI) DY Chandrachud, which had taken suo motu cognizance of the matter following widespread national outrage and protests by the medical community. The Bench, which also included Justice JB Pardiwala and Justice Manoj Misra, questioned how the college principal could attempt to pass off the crime as a suicide when the incident was discovered in the early hours.

The Supreme Court directed the Central Bureau of Investigation (CBI) to submit a status report by Thursday, August 22, the next scheduled hearing. Additionally, the West Bengal Government was instructed to provide a separate status report regarding the vandalism that occurred at RG Kar Medical College, where protesting doctors were also targeted.

The Bench underscored the need for immediate action, stating that “the nation cannot await a rape or murder for real changes on the ground.” In light of the situation, the court formed a 10-member National Task Force to develop a national protocol to ensure the safety of medical professionals across India.

In response to concerns about the safety of doctors at RG Kar Hospital, the Supreme Court ordered the Central Industrial Security Force (CISF) to provide security to the doctors and other medical professionals at the hospital and its hostels. Senior counsel Aparajita Singh, representing the doctors’ organization “Protect the Warriors,” informed the court that nearly 90% of the 700 doctors had left the hostel following the vandalism on the night of August 14-15.

Singh further revealed that only 30-40 female and 60-70 male doctors remained in the hostels. She also highlighted the gravity of the situation by mentioning that a mob had returned to the hospital after the vandalism and threatened the female doctors with the same fate as the rape-murder victim if they reported the incident. The police were reportedly absent during the attack.

Singh presented an email complaint lodged by a “brave doctor” regarding the threats to women doctors and urged the Supreme Court to address their security concerns specifically. The CJI expressed serious concern over the incident and questioned the actions of the police, especially given the mob’s ability to identify the female doctors by name.

Senior counsel Kapil Sibal, representing the West Bengal Government, stated that the state had no objection to the deployment of CISF for security at RG Kar Hospital and its hostels.

The Supreme Court also advised the West Bengal Government to exercise restraint and not use its power against peaceful protesters. The Bench emphasized that this was a moment of national catharsis and that the state’s power should not be unleashed on those expressing their concerns peacefully.

The post-graduate trainee doctor, referred to as Abhaya, was found brutally injured in the seminar room of RG Kar Hospital on August 9. Initially, the Kolkata Police registered a case of unnatural death and arrested a civic volunteer named Sanjay Roy the following day. However, the victim’s parents petitioned the Calcutta High Court, which transferred the investigation to the CBI on August 13, citing dissatisfaction with the police’s efforts.

The Supreme Court questioned the West Bengal Government over the delay in filing the FIR and criticized the hospital authorities for their inaction. The court pointed out that the incident highlighted systemic issues regarding the safety of doctors in India.

The Bench noted that the autopsy was conducted between 1 PM and 4:45 PM on the day of the incident, and the body was handed over to the parents for cremation around 8:30 PM. However, the FIR was only registered at 11:45 PM, raising concerns about the hospital’s handling of the case.

The CJI questioned why the FIR was delayed and what the hospital authorities were doing during that time. He also asked if the autopsy revealed evidence of rape and murder, why immediate action wasn’t taken. Sibal, however, insisted that the FIR was filed promptly after completing necessary formalities.

Further, the CJI expressed concern over the vandalism that occurred at RG Kar Hospital on the night of August 14-15. He questioned how a mob of around seven thousand people managed to enter the medical college and why the police did not protect the crime scene.

The court also questioned the immediate transfer of Dr. Sandip Ghosh, the then principal of RG Kar Medical College and Hospital, to another institution while his conduct was still under scrutiny.