Terming the delay by the Kolkata Police’s in registering the unnatural death of the woman doctor raped and killed at the RG Kar Medical College and Hospital as ‘extremely disturbing’, the Supreme Court on Thursday came down heavily on the West Bengal Government about the “14-hour delay” in filing the First Information Report (FIR). The SC flagged discrepancies in police status report questioning the sequence and timing of legal formalities conducted by the police.
During the hearing, Justice JB Pardiwala, who is part of the three-judge bench comprising Chief Justice DY Chandrachud and Manoj Misra, said he has not come across the kind of procedure followed by the State Government of West Bengal in his 30 years of legal career life.
Expressing surprise that the post-mortem of the victim was conducted on August 9 between 6.10 pm and 7.10 pm before the registration of case as unnatural death, the top court pulled up the Kolkata police over “unexplained” delay of 14 hours in lodging of the FIR in the case.
“How come the post-mortem was conducted at 6.10 pm on August 9 and yet the unnatural death information is sent to Tala police station at 11.30 pm on August 9 after post-mortem and the FIR is recorded at 11.45 pm. This is extremely disturbing,” the bench, also comprising Justice JB Pardiwala and Manoj Misra, said. Questioning the sequence and timing of the legal formalities conducted by police, Justice Pardiwala said, “The entire procedure followed by your State (West Bengal) is something which I have not come across in the 30 years of my professional life.
“The first thing is, is it true that the UD (unnatural death) was recorded at 10.30 hours (10.30 am)? Second, who is this assistant superintendent non-medical (person), her conduct is also very doubtful. Why did she act in this manner?
It directed the Kolkata Police officer, who registered the first entry about the incident that has shocked the country, to appear in the next hearing and disclose the time of the entry. The Court also observed that there seemed to be an attempt to pass off the murder as a suicide.
Meanwhile, the Central Bureau of Investigation (CBI) while sharing a status report on the matter claimed that the crime scene was altered and tempered with which has hindered the further probe in the case. The CBI also informed the court that the FIR was lodged after the cremation of the trainee doctor. Appearing in the court on behalf of the Central Bureau of Investigation (CBI), Solicitor General Tushar Mehta alleged that senior doctors at the Kolkata hospital as well as the victim’s colleagues had asked for videograph, which means even they felt that there was a cover-up to which West Bengal counsel replied: “Everything is videographed not altered.”
“The (victim’s) father insists on the registration of an FIR. The hospital does not register the FIR. The father insisted and got the FIR registered. The FIR is lodged after the cremation. This is an attempt to cover up. We entered the probe on day five, everything was altered by then,” Mehta said.He said the first FIR in the incident was filed only after the victim’s cremation at 11:45 pm. “Initially, the authorities told the parents that it was suicide but later, it was classified as death,” he added.
The bench also quizzed West Bengal government over the role of Dr Sandip Ghosh, former principal of RG Kar Medical College and Hospital, who has come under the scanner in the aftermath of the ghastly crime. As the hearing commenced after lunch, the court asked what was the reason for a 14-hour delay in lodging the FIR in connection with the incident.”Who was in touch with the principal of the RG Kar Medical College? Why did he delay the FIR? What was the purpose?” the bench asked.
“Procedure is a separate issue, but the point remains. What is the reason the FIR is lodged almost 14 hours after the discovery of the body. The most important thing is that the principal of the college should have come straightaway to the college and directed the filing of the FIR. Who was he in touch with? What was the purpose? the bench asked senior advocate Kapil Sibal, appearing for the West Bengal government. The moment the principal tenders the resignation, he is appointed as principal of another college, the bench noted.
During the hearing, after seeing the records, CJI DY Chandrachud posed to Senior Advocate Kapil Sibal, representing the State :” Something is very disturbing. The GD entry in regard to unnatural death is recorded at 10.10 in the morning. So the Police Station is informed that there is an unnatural death. Notwithstanding all this, the securing of the crime scene, seizure etc. takes place at 11.30 at night? What was happening all by then?” Sibal asserted that this was incorrect information and claimed that all proceedings were videographed. He requested the Court to see the chart prepared by the State showing the timeline of event.
At the outset, Mehta said the Central Bureau of Investigation(CBI) entered the probe on the fifth day after the crime.
“We entered the probe on the fifth day. Before that, whatever was collected by the local police was given to us. The investigation itself was a challenge because the scene of offence was altered. The FIR was registered only after the (victim’s) cremation at 11:45 pm.
“First, the parents of the victim were informed by the deputy superintendent (of the hospital) that she was not well. When they reached the hospital, they were told that she had committed suicide..... Fortunately, the colleagues of the deceased insisted for videography. This suggests that they were suspecting a cover-up,” Mehta submitted. Sibal opposed Mehta’s submissions, saying everything was videographed and claimed nothing was altered at the crime scene. He contended that the Kolkata Police followed the procedure scrupulously and the CBI’s status report only attempts to muddy the waters.
The bench later issued a slew of directions on the safety of doctors, norms for protests, rights of protesters as well as the West Bengal government.The bench directed the secretary in the Union health ministry to engage with the chief secretaries and directors general of police to ensure that the states and Union territories put in place certain basic minimum requirements for safety measures for doctors.
It said the National Task Force (NTF) formed by the apex court will take note of the suggestions of all the stakeholders while formulating a national protocol for the safety of healthcare professionals, including the associations representing resident doctors.”We direct the secretary of the Union Ministry of Health to engage with the chief secretaries of the states and directors general of police to ensure the safety of healthcare professionals,” the bench said, while ordering that the exercise be completed in a week. The bench also directed Union Health Secretary to launch a web portal on the ministry’s website on which the doctors’ associations and other stakeholders may submit their suggestions.
