On Friday, August 16, the Calcutta High Court delivered a scathing critique of the West Bengal government regarding the vandalism at Kolkata’s R. G. Kar Hospital that occurred late Wednesday (August 14) and early Thursday (August 15). The court labelled the incident as an “absolute failure of state machinery.”
The violence erupted when a large mob caused significant damage to several sections of the hospital. This incident followed the tragic rape and murder of an on-duty woman doctor on August 9, an event that had already sparked nationwide protests.
During the court proceedings, the state government revealed that a mob of approximately 7,000 people had quickly gathered at the hospital. The state’s counsel described the situation, stating, “There was a mob of around 7,000. The number suddenly swelled… I have videos. They broke barricades… tear gas was fired and 15 police personnel were injured. Deputy Commissioner was injured. Police vehicles damaged. Emergency room ransacked, but the place of occurrence (the crime scene) was protected.”
Despite these claims, the Court questioned the State’s apparent lack of preventive measures to avoid such violence near the crime scene. The bench, led by Chief Justice T S Sivagnanam, expressed disbelief that the police had no prior knowledge of the potential for such a large gathering, especially given the volatile nature of the issue. “Normally police has an intelligence wing… similar things happened on Hanuman Jayanti. If 7,000 are to gather, it is hard to believe police did not know,” the Court remarked.
In response, the State claimed that no official permission had been granted for the protest. However, the High Court was not convinced, pointing out that Section 144, which prohibits large gatherings in certain areas, was already in effect at the time. Chief Justice Sivagnanam remarked, “Police usually have intelligence on these matters… If 7,000 people gathered, it was hard to believe that state police did not know… Absolute failure of state machinery. A sorry state of affairs, how do you think the doctors would be able to work fearlessly?”
Furthermore, the Bench inquired about allegations that renovation work was being carried out to “wipe out” evidence from the crime scene. The State’s counsel vehemently denied these claims, stating, “All these allegations that PO (place of occurrence) has been demolished, destroyed, nothing is correct. The demolition work that happened was not near the PO.”
To address these concerns, the Court suggested that the State file an affidavit accompanied by photographs to confirm that the crime scene remains intact. Chief Justice Sivagnanam concluded, “We take your word, let this be on record. Let affidavit be filed. You can substantiate with photographs. We will hear with an open mind.”
