A resident doctor at RG Kar Medical College hospital in Kolkata was raped and murdered, and the Calcutta High Court on Tuesday ordered the Central Bureau of Investigation (CBI) to conduct an investigation.
Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya’s bench directed the CBI to begin the investigation as soon as possible.
The Court recommended that if there is a shortage of personnel, officers from neighbouring states may be requested to provide assistance in the investigation.
The Court stated that, “The case on hand is a peculiar case. The facts and circumstances warrant appropriate orders without further loss of time. We are convinced to say so because even after the lapse of five days, there appears to be no significant progress in the investigation which ought to have happened by now and by further loss of time, we would be well justified in accepting the plea of the writ petitioners, particularly the parents of the victim, that there is every possibility that the evidence would be destroyed and the witnesses would be influenced etc. Therefore, we deem it appropriate to transfer the investigation to the Central Bureau of Investigation,”.
By 10 a.m. tomorrow, the State administration was directed to transmit the case diary and other records to the CBI. An officer of the CBI has been requested to appear in court for this purpose.
Three weeks from now, when the CBI is anticipated to deliver a report, the case will be reheard.
At the RG Kar Medical hospital , a 31-year-old junior doctor was raped and murdered.
The incident sparked nationwide outrage and eventually led to the resignation of the college principal, Dr. Sandip Ghosh amid allegations that he tried to victim blame and link her death to psychosis.
Today the Court took judicial notice of the extensive demonstrations by doctors all throughout the State and requested that they return to their professional duties failing which poor people visiting government hospitals would suffer.
The Court further stated that, “We are truly appreciative of the feelings vented out by doctors and students and, in particular, those in RG Kar Medical College. However, there is a pious obligation on the part of doctors to treat their patients, more particularly the patients who come to the government hospital, who are not from the affluent strata of society. Therefore, we would appeal to the learned members of the medical profession to discuss with senior officials of State government and consider calling off their agitation so that the public who come to the hospital are not put to prejudice,” .
Apart from public interest litigation (PIL) petitions asking a CBI investigation into the case, the parents of the victim also filed a writ petition before the High Court requesting a probe by a separate agency under the supervision of a judge.
The petitioners said at today’s hearing that the parents were first informed during two phone calls that their daughter had committed suicide, and that this was part of an effort by the college administration to “cover up” the crime.
The State was questioned by the Court about why it had first filed the case under “unnatural death” (instead of recording it as a murder).
According to the State, in the event that no complaint is made, these situations are often recorded as unnatural deaths. Next, the Court questioned why the principal of the institution had not stepped forward to lodge the complaint.
The Court said that “When the deceased victim was a doctor working at the hospital, it was rather surprising as to why the principal or the hospital administration did not lodge a formal complaint. This in our view, was a serious lapse giving room for suspicion,” .
Considering these allegations, the Court disapproved of the State’s choice to “reward” the college principal by assigning him to another institution shortly after he resigned from the RG Kar Medical College.
The Court stated, “It is difficult to comprehend as to why when a person submits his resignation, the concerned authorities of the State did not exercise the two options available – namely, either to accept the resignation or refuse to accept the resignation. The appropriate authority of the State government should bear in mind the circumstances which led to the resignation,” .
The Court expressed doubts about the “tearing urgency” that led the State to choose Dr. Ghosh for his new position and declared that he would not be permitted to stay in it.
Following the Court’s rebuke during the hearing earlier today, Dr. Ghosh’s attorney notified the Bench that he will take immediate leave.
The Court included in its Order, “If such an application is submitted, the same shall be accepted and he shall be granted extraordinary leave and not be permitted to hold (his new post) until further directions,”.
Read Full Judgement [Click Here]
Nice article