Moving SC, Centre says Bengal ‘not cooperating’ with CISF personnel deployed after Kolkata rape-murder

New Delhi: The Union Ministry of Home Affairs (MHA) has moved the Supreme Court with a complaint against the West Bengal government for not providing adequate support to the Central Industrial Security Force (CISF) personnel deployed at the RG Kar Medical College and Hospital in the aftermath of the 9 August rape-murder of a doctor in the hospital.

In compliance with a previous 20 August order by the top court, the CISF posted two companies, each with a strength of 92 personnel, to ensure the security of the resident doctors or workers in the hospital. Of the 184 personnel of various ranks, 54 women officers under the command of a senior woman officer are now working at the hospital in three shifts. The entire deployment took place on 22 August.

To normalise the situation at the RG Kar hospital, a three-judge bench led by Chief Justice of India D.Y. Chandrachud had ordered the CISF security for the hospital. With this direction, the bench had also urged the hospital’s doctors to return to work. Many senior residents, particularly women, had left the hospital in the aftermath of the violent crime.

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The order to put CISF security in place at the hospital had come after the top court took suo-motu cognisance of the rape-murder case, a day after protests in the aftermath of the incident turned violent.

During the deployment, the CISF conducted a comprehensive survey of the security requirements around the hospital and its medical college. On 21 August, it requested the police commissioner of Kolkata to arrange accommodation for its two companies and provide them with logistical support.

The CISF list of demands also included three light motor vehicles, six buses, and four trucks. It also asked for hand-held metal detectors, doorframe metal detectors and two communication sets for each of the entry points in the hospital.

However, according to the Centre’s application, Kolkata police have provided only two buses, one light vehicle, and one pickup van for the 184 CISF personnel. “The number of vehicles and other logistical support requested by the CISF was much larger,” it said. 

Further, it claimed that the Kolkata police did not provide accommodation or security gadgets—its bounden duty according to its undertaking before the top court.

Calling West Bengal’s non-cooperation “contemptuous”, the Centre’s application claimed that the state has refused to accede to its multiple requests to support the CISF deployment, particularly in a tense situation as the current one.

“That the CISF personnel deployed at RG Kar hospital are facing severe difficulties due to lack of accommodation and lack of basic security infrastructure,” the application submitted, adding that the troops are currently staying at the CISF unit in SMP (Syama Prasad Mookerjee Port), Kolkata, despite the constraints faced by the accommodating unit. 

The travel time from SMP Kolkata to RG Kar hospital is nearly an hour and, in the absence of proper accommodation, “it is difficult to discharge duties effectively and to mobilise CISF troops to duly and promptly respond during contingencies”, the application said.

While reminding the “duly elected government” of its duty to protect its citizens, the application spoke about protecting doctors, particularly women. 

Inaction by West Bengal, despite repeated requests, is “symptomatic of a systemic malaise wherein such non-cooperation with central agencies operating under court orders is the norm”, the application added.

It also emphasised that the additional CISF security deployment came after the state gave its nod to the move in the court.

Accusing West Bengal of “willingly” creating hurdles “to jeopardise the larger solution-oriented approach” by the top court, the Centre sought directions to the state to fulfil its obligations or else face contempt. “…it is submitted that due to the unexpected, unjustifiable and unpardonable acts of the state government explained above, the present applicant is constrained to approach this Hon’ble court since it would be in interest of justice to all that the state government extends cooperation to CISF, so that its personnel are able to perform their duty without any inconvenience,” the application said.

(Edited by Madhurita Goswami)

Also Read: Curious case of ‘impersonation’ in SC: Ghost plea to reopen rape case, link to Nitish Katara murder

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