Supreme Court Inquires! How Did Bengal Authorities Handle Autopsy Without Formal Request?

The Supreme Court challenges West Bengal authorities about differences in the dates of the death certificate and police report in the Kolkata doctor's rape and murder case.

Kolkata Rape Case

Kolkata Rape Case: Supreme Court of India directed the Central Bureau of Investigation to file a separate status report of the ongoing investigation in the case of rape and murder of a trainee doctor at the RG Kar Medical College and Hospital in Kolkata, the CBI in its status report sought permission of the Court to state that the investigation in the case has made substantial progress; this in response to the fact that when committing to free and fair trial, habeas corpus claimed by office seekers, it was quick to assure “no stone unturned”.

Supreme Court Directs CBI to File Fresh Status Report

Chief Justice DY Chandrachud, heading the court, said, “The status report has been filed by the CBI. It appears that investigation is under way. We direct the CBI to file a fresh status report. We will take it up on Tuesday.”. “CBI is doing it, we don’t want to guide CBI on its investigation.” This statement underlines the approach of the Court to allow the investigating agency to do its work independently while ensuring accountability and transparency.

The horrific rape and murder referred to in the question is that of a 31-year-old trainee doctor that took place on the night of August 9 within the seminar hall of the RG Kar Medical College. The incident shook the country and brought a string of protests and turmoil from within the medical community. One civil volunteer has been arrested for involvement in the said crime, but the case keeps drawing intense scrutiny.

Debate Over Timing Discrepancies in Death Report

Among others, the timing of the unnatural death report was also debated during the recent hearing. The death certificate was issued at 1.47 p.m. and according to police, the unnatural death entry was made at 2.55 p.m., argued Senior Advocate Kapil Sibal, for the West Bengal government, whereas according to the Solicitor General Tushar Mehta, who was appearing for the CBI, the report was lodged at 11.30 p.m. This inconsistency has provoked the need for more explanations from the court.

The Supreme Court also dealt with security and accommodation issues relating to the CISF personnel guarding RG Kar Medical College. The Centre stated before the court that the Bengal government was not extending full cooperation and as a consequence, it was facing severe challenges, including shortage of accommodation and security. The court said both the state government and CISF should immediately sort out such issues, including making necessary accommodations and gadgets for security.

Chief Justice Chandrachud Questions State on Medical Staff Security

“Besides, the Chief Justice Chandrachud asked about the measures that the state takes regarding the security of the doctors, nurses, and other paramedical staff.” Once again, this, in a way, acts as a cue from the court with regards to ensuring protection to the health workforce in these times of crisis.

The Supreme Court has also been intervening in the case ever since August 20, when it described the incident as “horrific” and formed a 10-member National Task Force to frame guidelines for the safety of healthcare workers. On August 22, the court pulled up the Kolkata Police for the delay in registering the FIR in the unnatural death case and sought an end to the doctors’ protest, asserting that “justice and medicine” must not be stopped.

The CBI took over the case from the Kolkata Police in accordance with a directive by the Calcutta High Court, and this was no less than a big development in this case of great sensitivity. While the investigation is still on, the directions go on to assure justice for the protection of medical personnel.

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