The Calcutta High Court questioned the State on Friday about the urgency of renovating the area around the RG Kar Medical College Hospital crime scene, where a 31-year-old resident doctor was discovered dead on August 9 after being raped.
The State has been asked to respond to claims that the repair work was done to “wipe out” evidence from the crime scene by a bench led by Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya today.
State counsel vehemently refuted the accusation today, saying, “All these allegations that PO (place of occurrence) has been demolished, destroyed, nothing is correct. The demolition work that happened was not near the PO.”
The State Counsel said that the renovations were for a doctor’s restroom. The Court, however, questioned the timeliness of the decision.
Chief Justice Sivagnanam observed, “What was the urgency? …You go to any district court complex, see if ladies have any restrooms! I say this with responsibility. What has the PWD done? … We’ll shift patients to other hospital, close the (RG Kar) hospital. That will be the best. All the stories – ‘within 12 hours rest room have to be provided’ – see the condition of the restrooms in the court complexes!”
The State counsel further said, “The issue is the PO. As of now, there is no demolition at the PO,”.
After that, the court made a suggestion to the State that they submit an affidavit that included images to demonstrate that the crime scene is still in its original state.
The Court said, “We take your word, let this be on record. Let affidavit be filed. You can substantiate with photographs. We will hear with an open mind,”.
The Bench also encouraged the State to demonstrate greater empathy in this regard.
Chief Justice Sivagnanam said “You should also be disturbed as a citizen of West Bengal, born and brought up here! It should pain you also! It pains me!“.
The State Counsel responded, “It does pain us! Incorrect submissions are being made. PO is secure!“.
The Chief Justice stated, in turn “We take your word,”.
The Bench issued an order requesting a response from the State about certain parts of the case by next Tuesday (August 20). Additionally, the Court said that it will address the subject on August 21.
The Court stated, “CBI has power to visit hospital premises and conduct investigation as it deems fit. We direct appropriate police authorities as well as person in-charge file reply related to vandalism and all matters connected to it. Let this be served to petitioners’ counsels… The investigative team by CBI shall also file interim report as progress with regard to matter,” .
The issue pertains to the rape and murder of a young doctor who was discovered dead in the seminar room at RG Kar Medical Hospital on August 9th. The occurrence ignited widespread public anger and demonstrations.
The Calcutta High Court has already delegated the investigation to the Central Bureau of Investigation (CBI).
The Court emphasized the need of not disseminating photos or any other information on the deceased rape victim, in order to maintain her anonymity.
The Court remarked, “We request the persons who are known to the victim not to circulate photographs and name and identity and details of victim. We request press and media also to make sure that identity or photograph of victims are not disclosed in reports,”.
The act of vandalism occurring in close proximity to a hospital is seen as a complete and utter breakdown of the government’s administrative system.
During today’s court proceedings, there were concerns expressed about the damage that occurred near the hospital. The vandalism occurred as a result of demonstrations that began on the evening of August 15, which escalated and got out of hand.
The State counsel informed the Court that it was challenging to control the 7000-member mob that the rally grew into. Additionally, law enforcement officials sustained injuries within the act of vandalism, as stated by the individual.
The Court, however, interrogated the State over its failure to implement measures to proactively avoid acts of violence in close proximity to the murder scene.
The Court asked, “Police usually have intelligence on these matters.. If 7,000 people gathered, it was hard to believe that state police did not know. … For all and sundry, you pass 144 (CrPC) order. When so much commotion is going on, doctors on strike, you should have cordoned off entire area. If suppose 7000 people have to come, they cant come walking … Absolute failure of state machinery. A sorry state of affairs, how do you think the doctors would be able to work fearlessly?” .
According to the State Counsel, rapid action forces have been deployed and efforts are underway to identify the perpetrators by analysing video footage from the demonstrations.
The Court stressed that the key issue is whether the State had the ability to avert the vandalism in close proximity to the crime scene.
The Court further asked “So many emails we have received … This vandalism cannot have been prevented? What was the reason to break all facilities of emergency ward. This can never be understood … The police are also injured. Is it a failure of law and order situation?“.
Another counsel addition, “That shows helplessness of state police, that’s why we are seeking deployment of central forces,”.
A number of public interest litigation (PIL) petitions on the RG Kar Hospital rape and murder case and the accompanying disturbances were brought before the court on Friday (16th august) morning.