The Supreme Court on Tuesday heard the rape and murder case of a trainee postgraduate doctor at Kolkata's RG Kar Medical College & Hospital and examined the latest status report submitted by the Central Bureau of Investigation (CBI).
A top court bench headed Chief Justice of India D Y Chandrachud, including Justices JB Pardiwala and Manoj Misra are presiding over the proceedings.
Supreme Court Hearing | Key Points
Stop Live Streaming of Proceedings: Senior advocate Kapil Sibal, appearing for the West Bengal government, requested the Supreme Court to stop the live streaming of the case proceedings. However, the top court refused to do so, pointing that this is a matter of public interest.
With this, the top court perused the latest status report of the CBI in the case.
Concern Over Wikipedia: Expressing concern over the victim's name and face on Wikipedia, Solicitor General Tushar Mehta flagged the issue, following which CJI Chandrachud said that the top court will pass an order for its removal. A counsel informed the SC of Wikipedia's response that it would "not be censored". To this, the CJI clarified that this is not censoring, but asking one to not commit an offense.
Seizure List, Footage: On the flagging of the seizure list, which includes details of all the things recovered, the apex court observed that what the CBI report has revealed is "worse and really disturbing". "What you are flagging is of utmost concern, we ourselves are concerned , CBI has flagged it for us," CJI Chandrachud said. A question over Kolkata Police handing over "only 27 minutes of footage" to the CBI was also raised. The CJI asked SG to ask for the entire footage. "Make sure the CBI seizes the entire DVR and footage, we hope that the CBI does it." Meanwhile, SG Mehta responded to a counsel's statement about the placement of cameras and said that this was not mentioned in the documents Kolkata Police gave to the CBI. The top court observed that "Kolkata police must also cooperate with the CBI."
SC's Directive To Wikipedia: The top court noted that many concerns flagged by the victim's father in a letter to them is subject to the CBI's investigation. "During the course of hearing we are apprised the #Wikipedia has retained the name and copy of the ...it is only an artistic graphic," CJI Chandrachud noted. The SC bench directed Wikipedia to take down the name and photograph which reveals the identity of the victim. "The governing principle is that identity of the victim in rape and murder shall not be disclosed. Wikipedia shall therefore comply with the previous order passed (regarding this)," the top court directed.
Financial Irregularities Probe: After lawyers appearing for the doctors raised concerns over safety mechanisms and the budgets for the same, the CJI noted that the CBI investigation into the matter began later and it is currently in progress. The SC asked the CBI to submit a status report on both the incident and financial irregularities.
Replacement Of Deployed Police, Working Hours Of Women: Appearing for the doctors, senior advocate Indira Jaising, agreed with another counsel on her team over the deployment of 1,514 personnel at the hospital, citing concerns that the accused was a civic volunteer. "I agree with Nandy, but after the state submits on the settlement I have something to say...1514 people, I request should be disbanded and replaced with the police of the state," Jaising said. She further said that working hours for women should not be extended. Jaising referred to the State's recent policy and said there should not be night duties for women. "How can you say women cannot work at night? why limit the women doctors? they don't want a concession...women are ready to work exactly the same time shift," CJI Chandrachud observed. The SC said that the West Bengal government should rectify its order, saying that "your duty is to provide security, you cannot say that women (doctors) cannot work at night! Pilots, Army, etc., all work at night".
Confidence With The State: Appearing for the Bengal government, Sibal informed the court that steps are being taken towards ensuring adequate security and referred to the "confidence building steps by the state". The senior advocate also informed the apex court that the work of making resting rooms for male and female doctors will be completed in 7-14 days. He also said that additional washrooms and CCTV cameras will also be installed in the next week or two. In context of the accused -- who was a civic volunteer -- the CJI asked what is the process of hiring contractual workers from outsourced agencies and whether there are any psychological assessments done for recruiting them. "The whole problem is when you entrust the security to contractual staff... why is the govt is coming up with this? its not the question," CJI Chandrachud said. To this Sibal responded saying, "some confidence must be there with the state".
Devil Lies In Fine Print: The top court observed that the dealing is with 28 government hospitals and 17 associated with the state-run facilities. "Young doctors 18-23 years girls are here to work, we are dealing with them, having a contractual work force there, we will have a completely insecure source there," CJI Chandrachud. He said that this is a situation where security is lacking for medical professionals, adding that the state should at least have police in the government hospitals. Senior counsel Sibal responded that increased women security personnel is undergoing training. "The devil lies in the fine print, when will they complete the training?" Chandrachud asked. The top court said that the DM, district collectors must ensure that the CCTV is installed, then there must have an SOP, copies where the CCTV will be put, where the lady doctors will rest at night, etc.
CCTV, Biometric Access In RG Kar: The CJI questioned the Bengal government over the installation of 37 CCTV cameras at the RG Kar Medical College and Hospital, saying that it had said 415 CCTVs will be installed. "They will complete the rest soon," Sibal said. The top court also raised questions over biometric access in areas where women rest at night. "The women who goes to seminar hall to rest, she can have biometric access, tell us since the health secretary is here, what modalities are followed to ensure that security steps are taken," the SC bench asked. CJI Chandrachud resounded the concerns of the young doctors, "they are concerned it can happen to anyone".
SC's Directives To WB Govt: The top court was informed of the settlement/prayers made between the 40 doctors and Bengal CM Mamata Banerjee. The SC bench said that it finds merit in terms of the prayers F-I and directed the government to take steps if not already done for formation of monitory committee in each hospital having an administration, nurses, doctors, etc., formulation of a confidential grievance redressal, formation of internal complaint committee for sexual harassment, and setting up counselling centers to deal with the stress faced by doctors. "We duly impress upon the West Bengal government to take action if not already done," CJI Chandrachud said.
Matter Of Doctors Returning to Duty: The CJI said that Indira Jaising has requested the top court that to record that no punitive action be taken for doctors to return to work. Sibal said that the an assurance for the junior doctors was held out from the state government that no actions will be taken against them for seizing the work. Referring to the SC's previous direction to doctors to resume work, the CJI said "We are not modifying our last order. We have created the conditions for coming back to work, let them do what they have to do to implement the orders."
SC Junks Plea Seeking Resignation CM Mamata: The Supreme Court on Tuesday junked a plea seeking the resignation of West Bengal Chief Minister Mamata Banerjee over RG Kar Medical College and Hospital rape case. A bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra reprimanded the lawyer for his plea and said it does not have a remit to pass such an order. "This is not a political forum alright. You are a member of the bar. We do not require your affirmation of what we say. What you say has to abide by the rules of legal discipline.
WHAT HAPPENED SO FAR:
1. CBI arrested Sandip Ghosh and Abhijit Mondal: The CBI arrested ex-principal Sandip Ghosh and Tala police station OC Abhijit Mondal for allegedly destroying the evidence and delaying the FIR. Both are in CBI custody till September 17 and will be investigated together.
2. Supreme Court's orders: Chief Justice D.Y. Chandrachud instructed the CBI to provide an updated status report by September 17 and emphasized that the investigation should proceed without court interference. The court refrained from discussing forensic details in open court.
3. Forensic samples sent to AIIMS: Solicitor General Tushar Mehta reported that the CBI has sent forensic samples from the victim to AIIMS and other laboratories. The CBI had begun its investigation five days after the crime.
4. Deaths due to doctor's strike: Advocate Kapil Sibal highlighted that the strike by doctors in West Bengal has led to 23 deaths and over six lakh people have been deprived of medical care. Critical medical procedures have been suspended, and the healthcare system is under severe strain.
5. SC’s warning to protesting doctors: The Supreme Court urged doctors to return to work by 5 pm, September 10. The court assured that safety measures for doctors, including separate duty rooms and CCTV, would be ensured.
6. Protests without permission: The court noted that doctor-led protests have spread across West Bengal without police permission, disrupting public health services. There have been incidents of vandalism at patient assistance booths set up for public help.
7. National Task Force: The Supreme Court had previously established a 10-member National Task Force to create protocols for protecting doctors and healthcare workers. The court criticized the Kolkata Police for delays in registering the FIR and handling the case.
8. Post-mortem and FIR delays: The Supreme Court questioned the sequence and timing of legal formalities, including the registration of the FIR and the post-mortem. It expressed surprise at the handling of the case, including the delay in lodging the FIR.
9. Safety and protocols: The Supreme Court directed the Union Health Ministry to open a portal for safety suggestions for doctors and ordered the Health Ministry to collaborate with state officials to ensure healthcare professionals' safety.
