RG Kar case: SC voices concern over missing document, asks striking medics to resume work by Tuesday

The matter has been posted for next hearing on September 17

NEW DELHI — The Supreme Court on Monday voiced concern over the absence of the “challan”, a key document forwarding the body of the junior doctor who was raped and murdered at RG Kar Medical College and Hospital in Kolkata for postmortem, from the records presented before it and sought a report from the West Bengal government.

Amid continued protests by resident doctors who have stopped work following the rape and murder incident, the top court directed them to resume their duties by 5 p.m. on Tuesday to avoid adverse action by the state government which claimed their strike has led to 23 deaths.

The court passed the direction after the West Bengal government assured it that no action, including punitive transfers, shall be taken against the protesting doctors if they resume work.

Also read: RG Kar case: SC asks CBI to file fresh status report, next hearing on Sep 17

A bench headed by Chief Justice D Y Chandrachud said there was no reference to the ‘challan’ issued before the postmortem and sought answers from the Central Bureau of Investigation (CBI), which is probing the incident that shook the nation’s conscience and triggered massive protests in West Bengal and elsewhere, and the state government.

The bench said the document was “important” because it has a column showing what clothes and articles were sent along with the body for autopsy.

“Where is the challan of the body when it was handed over for postmortem?…The court has been apprised about a challan used when a dead body is sent for the post-mortem. The Solicitor General states that above challan is not part of the file given to CBI for investigation.

“Faced with above, it has been urged by the counsel for petitioners appearing before the Calcutta High Court that the form was produced before Calcutta HC. Form is unavailable with the West Bengal government. A copy of the form should be produced on the next date of hearing,” the bench, also comprising Justices J B Pardiwala and Manoj Misra, said.

Solicitor General Tushar Mehta, appearing for the CBI, informed the bench that the challan was not a part of their records.

Senior advocate Kapil Sibal, appearing for the West Bengal government, told the bench that he could not find the document immediately and would get back to the court on this question.

The court also flagged the 14-hour delay by Kolkata Police in registering an FIR following the rape and murder incident.

The top court directed the CBI to submit a fresh status report by September 17 on its probe in the case.

Senior advocate Geeta Luthra, appearing for the agitating doctors, voiced concern about the circulation of photos of the victim on social media, prompting the court to order their immediate removal from all social media platforms to protect the dignity and privacy of the deceased.

Amid the growing clamour over security at medical institutions in the state, the Supreme Court ordered all district magistrates and superintendents of police in West Bengal to take stock of the situation and ensure “safety, security of government medical colleges”.

Earlier in the day, the court perused the report filed in a sealed cover by the Solicitor General.

“A status report has been filed by CBI, it appears that investigation is in progress. We direct the CBI to file fresh status report…We don’t want to guide the CBI on its investigation,” the bench said.

Raising some doubts about the forensic reports, Mehta told the bench that the probe agency has decided to send forensic samples to AIIMS, Delhi for further investigation.

The apex court also directed a senior officer of the West Bengal government’s home department and a top Central Industrial Security Force (CISF) officer to ensure all three companies of the paramilitary force deputed for security at the RG Kar Hospital are given proper accommodation.

It also ordered that all requisitions made by the central force, including security gadgets, be handed over to it today itself.

The matter has been posted for next hearing on September 17.

Sibal submitted a status report filed by the state’s health department.

“A status report has been filed. The state health department has filed a report. Twenty-three people have died as doctors are on strike,” Sibal told the bench.

On August 22, the apex court had ripped the Kolkata Police apart over the delay in registering an unnatural death case after the junior doctor’s body was found at the hospital, calling it “extremely disturbing”. It also questioned the time taken for completing the necessary procedural formalities.

As street protests raged in Kolkata and many towns and cities across the country, the top court had constituted a 10-member National Task Force (NTF) to formulate a protocol for ensuring the safety and security of doctors and other health care professionals.

Terming the incident as “horrific”, the apex court had excoriated the state government over the delay in filing the FIR and allowing thousands of people to vandalise the state-run facility.

The medic’s body with severe injury marks was found inside the seminar hall of the hospital’s chest department on August 9.

A civic volunteer was arrested in connection with the case the following day.

On August 13, the Calcutta High Court had ordered transfer of the probe from the Kolkata Police to the CBI, which started its investigation on August 14.