The Supreme Court on Tuesday directed the CBI to submit a status report on the probe into alleged financial irregularities at the R G Kar Medical College and Hospital in Kolkata where a trainee doctor was raped and murdered last month. The top court also perused the status report filed by the central probe agency concerning the rape and murder incident and said disclosing the status will jeopardise further investigation.
Refusing to stop streaming live proceedings in the suo motu case related to the incident, the apex court said it was a matter of public interest and the public must know what is transpiring in the courtroom. Meanwhile the apex court directed free online encyclopedia Wikipedia to remove the photograph and name of the resident doctor who was raped and murdered at the hospital.
A bench comprising Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra asked the central agency to file a status report on the probe so far on the alleged financial irregularities in the medical departments of the hospital. The court later adjourned hearing in the case and said that it would take up matter after a week.
It perused the Central Bureau of Investigation (CBI) report and said that disclosing the leads of the agency would not be fair as it would only lead to the dislocation of the investigation. "The father of the deceased has made some suggestions on the leads that should be taken up for investigation. We are not making them public, we will say that these are valuable inputs and the CBI should look into them," the bench said.
As the hearing commenced, senior advocate Kapil Sibal, appearing for the West Bengal Government, sought the stopping of live proceedings in the case. He alleged that women lawyers of the chamber were facing threats of acid attacks and rapes. "I have great concerns at what is happening. What happens when you livestream matters like this which has huge emotive implications. We are not representing the accused. We appear for the state government and as soon as the court is making a comment our reputation is getting destroyed overnight. We have 50 years of reputation," Sibal said.
The top court assured Sibal that it would step in if there were any threats to lawyers and others. "We will not stop the live streaming of the proceedings. It is in public interest," the bench said. During the hearing, the apex court took objection to the West Bengal government's 'Rattierer Saathi' programme which prescribes night duty avoidance for women doctors and that the working hours of women doctors should not exceed 12 hours at a time.
"The West Bengal Government should correct the notification. Your duty is to provide security, you cannot say that women (doctors) cannot work at night. Pilots, the army etc all work at night. This will prejudice their (doctors) careers. The hours of duty should be reasonable for all doctors," the bench said.
After the top court's objection, the West Bengal government told the bench that it would withdraw the notification for women doctors. The top court also questioned the West Bengal Government's decision to hire contractual staff for the protection of doctors and other staff in hospitals. "We are in a situation where there is a lack of security for doctors. The state government should have at least deployed police in government hospitals. We are dealing with young interns and students who are coming to Kolkata for work," the bench said.
The West Bengal Government also assured the bench that no punitive or adverse action would be taken against protesting doctors after senior advocate Indira Jaising, appearing for junior doctors, urged the court to record that no punitive action be taken against the doctors. Jaising also said that junior doctors know the people who were at the scene of the crime and the information shall be shared with the CBI in sealed cover.
