SC Asks Doctors To Return To Work By Tomorrow, Says It Cant Be At Cost Of Duty

Kolkata Rape And Murder case: The Supreme Court asked the doctors on strike in West Bengal to take up their responsibilities again by Tuesday, 5 p.m. They were politely warned that if they don’t, they might face disciplinary actions.

Kolkata Rape And Murder: In the latest development in the Kolkata rape and murder case in which the 31-year-old female doctor was sexually assaulted and killed at the RG Kar Medical College and Hospital, the Supreme Court on Monday heard the case and urged striking doctors who are protesting in West Bengal to return to work by Tuesday 5 pm, issuing a warning if their boycott continues, disciplinary action may follow. Notably, Apex Court’s directives came during the hearing of the case.

The bench was led by Chief Justice DY Chandrachud and two others slammed the Mamata Banerjee-led West Bengal government over its handling of the sensitive case. The bech questioned the about the 14-hour delay in registered the FIR, highlighting that the crucial document required for the postmortem was ‘missing’.

“Where is the challan of the body when it’s handed over for post-mortem?,” CJI Chandrachud questioned.

Kolkata Rape And Murder: What CBI Said?

Solicitor General Tushar Mehta, representing the CBI, informed the bench that the challan was not part of their records. “It’s crucial because this column contains what other material was sent along with the body,” he said.

Solicitor General Tushar Mehta, representing the central probe agency, told the Bench of three judges that the challan was not part of their record.

“It’s crucial because this column contains what other material was sent along with the body,” he said.

He added that without challan the authorised doctor for the post-mortem cannot accept the body.

Kolkata Rape And Murder: What SC Asked?

“How was the post-mortem carried out in the absence of a formal request?” CJI Chandrachud asked.

The court has shown an interest in gaining more insight on the sequence of incidents related to the suspicious death notice about a junior doctor who was sexually assaulted and killed at RG Kar Hospital, Kolkata. This happened after the CBI’s status report was submitted. Representing the West Bengal government, eminent lawyer Kapil Sibal pointed out that the death certificate was given out at 1:47 pm, contrasting to the time at 2:55 pm when the police logged the unnatural death occurrence.

The Court also raised multiple concerns regarding the post-mortem report in a case of alleged rape and murder. Senior Advocate Kapil Sibal, representing the West Bengal government, pointed out several issues. One of the advocates present during the hearing questioned the improper handling of a vaginal swab, which should have been preserved at 4 degrees Celsius but was not.

Solicitor General (SG) Tushar Mehta, representing the Central Bureau of Investigation (CBI), noted that the post-mortem report did not mention the time it was conducted, which is a critical detail in such cases. He added that in cases of rape and murder, the first five hours are crucial for collecting evidence, and the CBI faced challenges as they began their probe five days after the incident.

The Supreme Court, led by Chief Justice of India (CJI) D.Y. Chandrachud, asked SG Mehta whether the necessary documents were available when the body was sent for the post-mortem. Senior Advocate Sibal, unable to immediately produce the required documents, requested additional time to submit them. Mehta confirmed that the documents were not included in the files provided to them.

Kolkata Rape And Murder: Updated Report By Next Week

During the proceedings, CJI Chandrachud directed the CBI to submit an updated status report by next week. The court will review the matter on Tuesday, September 17.

Sibal informed the court that the West Bengal government had filed a status report, revealing that 23 people died due to a lack of medical attention when doctors were unavailable. CJI Chandrachud asked about the proximity of the residence of the Principal of RG Kar Medical College to the hospital. SG Mehta responded that it was about 15-20 minutes away.

The court sought clarity on the registration of the report for the unnatural death. Sibal stated that the death certificate was issued at 1:47 PM, while the police registered the unnatural death report at 2:55 PM. Sibal further mentioned that the search and seizure related to the incident took place between 8:30 PM and 10:45 PM.

The court also inquired about CCTV footage related to the incident. SG Mehta confirmed that four video clips, totalling 27 minutes, had been handed over to the CBI. The CBI is now sending the samples to AIIMS and other forensic labs for further examination.

Additionally, the Supreme Court instructed that security be tightened at RG Kar Medical College, with accommodations provided for all CISF personnel near the hospital. Regarding security matters, the Supreme Court instructed CISF personnel to ensure that no one is allowed inside emergency wards without proper identification at RG Kar Medical College.