Observations By The Supreme Court On Kolkata Rape:-Murder Case

Written by:

Adv Anshul Jain

Updated: 29-03-2024

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On August 18th, the Supreme Court took suo moto cognizance of the rape-murder case which is the cause of nation-wide protests and strikes especially by the doctors.

The Apex Court took a suo moto cognizance of the matter while it was still pending before the Kolkata High Court, after huge protests took place around the country against the rape and murder of a female resident doctor at the R.G. Kar Medical College, Kolkata dated 9th August 2024. The incident is being investigated by the Central Bureau of Investigation (CBI) in accordance to the order of the High Court.

During the protests at the R G Kar Medical College and Hospital, at around 12:30 am on August 15th, a large mob assembled outside the hospital, where it vandalised the different departments of the Hospital including the Emergency Ward.

During its first hearing which was held on August 20th, the Bench headed by CJI DY Chandrachud ordered that a National Task Force be formed so as to propose recommendations to ensure the safety of workplaces, for doctors and women professionals especially

The Bench observed that they were “deeply concerned” regarding the safety of the doctors and medical professionals in the country. The Court also noted that it was shocking that the name, pictures and videos of the victim were shared in public domain, disregarding the prior judgements by the Court to ensure the victim’s right to privacy.

During the proceedings, lawyers including Solicitor General Tushar Mehta represented the CBI, Senior Advocate Kapil Sibal for the State of West Bengal, Senior Advocate Aparajita Singh representing an association of practising doctors, also Senior Advocate Manninder Singh on behalf of the Indian Medical Association.

Issues raised by the Supreme Court

1.Safety of the doctors

The Apex Court explained that the matter is being heard in the Court suo moto, despite the seasoned judges of the High Court already dealing with it, because the matter at hand is related to a larger question regarding the safety of members in the medical profession. “We are deeply concerned that there is a virtual absence of safe conditions of work for doctors in public hospitals,” the Bench observed.
The Court emphasised that an enforceable protocol regarding the safety of the doctors is necessary to be applied. The incident which took place in Kolkata, raises brings to light the issues regarding the safety of doctors across the country.

2.A National Task Force

The Bench ordered a nine-member National Task Force to recommend protocols related to the safety of medical professionals.

The Court directed the National Task Force to recommend suggestions in relation to:-

Prevention of violence, especially gender based violence which takes place against the medical professionals;
To provide an enforceable national protocol ensuring a dignified and safe working condition for interns, residents, senior residents, doctors, nurses and other medical professionals.

3.The delay in filing the FIR

During the proceedings, the Bench accused the West Bengal government as well as the hospital management for failing to take immediate action and for delay in filing the First Information Report (FIR).
The Court observed that the crime was already detected early in the morning, however the FIR was filed late that night.
It was also brought to the notice of the Court that the Principal of the said Medical College tried to pass off the matter as a suicide while suppressing.
In reply, Senior Advocate Sibal informed the Court that an Unnatural Death Investigation (UDI) report was filed, also the perpetrator, a civic worker at the hospital was identified and was already apprehended. It was further informed to the Court that the autopsy and post mortem of the body of the victim took place between 2 pm and 4:45 pm. To which Justice Pardiwala observed that an UDI was not an FIR and even if autopsy and post mortem were conducted in a timely fashion, why there was a delay in filing the FIR could not be explained.
The Court observed that while the body was handed over to the family at 8:45 pm, FIR was not filed even after three hours. Responding to which Sibal stated that the parents told the police to do “whatever they wanted” as they were in shock and the FIR could be filed only at 11:45 pm.
The Bench reminded the lawyer for the state government that the duty to file an FIR was of the Hospital administration and not the parents who were absent during time of th e crime.
The gangrape theory was also debunked by the Court by bringing it to notice that the quantity of semen found in the body of the victim was 151ml and not 151 gm.

4.What was the police doing?

The West Bengal police was also reprimanded for their failure to deal with the vandalism of the hospital which took place while the doctors were protesting and exercising their right to peaceful protest.
The Court observed that as the Hospital is a crime scene, the police had to do their best to protect it….. “What were they doing?”
The Court observed that it could not comprehend as to how the State was not able to deal with the act of vandalism at the hospital premises.
It was brought to the notice of the Court that a mob of around 7000 people in the middle of the night could not be gathered without the knowledge and consent of the police thus pointing towards a complete systemic failure.

5.An appeal to the medical community

The Bench urged the health professionals to return to work and also that the state governments ensure the public safety.
The Apex Court also ensured the doctors that no adverse action shall be taken against doctors who were a part of the protests in the Kolkata doctor-murder case.

Directions of the bench

Noting the gravity of the issue, the Apex Court has directed the National Task Force to submit an interim report within a period of three weeks and a final report within a period of two months.
The CBI was directed to submit a status report of its investigation of the incident and also to the West Bengal government to file a report on the vandalism which took place by the mob, by 22nd August.
All states and UTs were ordered to bring in information in a tubular form from all the government-run hospitals regarding various safety protocols within a month.

The next hearing of the case is ordered on 5th September.

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