New Delhi: The Supreme Court has expressed displeasure over the manner in which the West Bengal government handled the rape and murder of a doctor in K G Kar Medical College and Hospital on August 9, after noting that the FIR and case of unnatural death was registered only after the post mortem.
A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, while examining the status reports of the CBI and the West Bengal government, said it has never seen a case being handled like this.
The court said it was surprised that the post-mortem preceded the registration of unnatural death.
The bench told senior advocate Kapil Sibal, appearing for the West Bengal government, “One aspect is extremely disturbing…The GD (General Diary) entry of death is recorded at 10:10 AM, the next day….The securing of the crime scene, the seizures etc was done at 11:30 at night? What was happening?”
The bench pointed out the unnatural death case was registered at 11.30 PM at night, while the death was reported at 10.10 AM.
“Further, the post mortem and autopsy of the young doctor victim was conducted hours prior to the registration of FIR for an unnatural death at 11.45 pm,” the bench said.
“The post mortem preceded the registration of an unnatural death case and FIR. I have never in 30 years seen a case being handled like this,” Justice Pardiwala remarked.
Solicitor General Tushar Mehta, appearing for the CBI said the investigation was a challenge as the case was handed over five days of the incident and the crime scene was altered.
SC asks protesting doctors to resume work, says ‘How will public health infrastructure run?’
At the outset, the court urged all protesting doctors to return to work, assuring them that there be no victimisation or any adverse action against them.
The bench also assured doctors’ associations that the National Task Force will hear all stakeholders.
The court, which heard a suo motu case related to the rape and murder, was informed that the resident doctors at AIIMS Nagpur were being victimised for protests over the Kolkata rape-murder case.
“Once they get back to duty, we will prevail upon authorities to not take adverse action. How will public health infrastructure run if the doctors do not work,” the bench said.
“If there is difficulty after that then come to us, but let them first report to work,” the bench said, adding its “heart goes out” to all patients visiting public hospitals.
While recognising the demanding nature of doctors’ work, the bench said it cannot direct the hospital administration to mark the doctors present if they are not on duty.
However, the administration would take a lenient view if they return to work, the bench added.
On August 20, the Supreme Court had also slammed the West Bengal government over the handling of the “horrific and horrendous” August 9 Kolkata rape and murder of PG trainee doctor and subsequent attack on the hospital as it set up a National Task Force under its authority, to suggest measures for protection of medical fraternity.
Holding that the nation can’t wait for another rape to change the situation on ground, the bench had broadened the scope of its intervention in a suo motu case registered on August 18.
Published 22 August 2024, 07:42 IST
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