On September 17, the Supreme Court of India addressed the high-profile case involving the rape and murder of a 31-year-old junior doctor at RG Kar Medical College and Hospital in Kolkata. The case has stirred significant public and political attention, particularly following recent developments regarding the investigation and responses from the West Bengal government.
The hearing was presided over by a three-judge bench consisting of Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra. The Supreme Court reviewed the status report filed by the Central Bureau of Investigation (CBI) concerning the ongoing probe into the brutal crime. The court’s examination stated concerns about the potential jeopardization of the investigation if certain details were disclosed.
Key Developments from the Hearing:
- Prime accused’s background and Government schemes: The Supreme Court scrutinized the employment background of the prime accused, Sanjay Roy, who is allegedly involved in the rape and murder of the junior doctor. Roy was a civic volunteer affiliated with the Kolkata Police, employed under the “Rattirer Sathi” scheme, a contractual arrangement for private security personnel. The Court questioned the West Bengal government’s practice of hiring such personnel on a contractual basis, raising concerns about oversight and accountability.
- Trinamool Congress notification criticised: The Court expressed strong disapproval of a notification issued by the Trinamool Congress, which had restricted women doctors from working night shifts. CJI Chandrachud criticised the notification, stating, “How can you say women cannot work at night? Why limit the women doctors? They don’t want a concession…women are ready to work at exactly the same time shift.”
- Government’s response and measures: Kapil Sibal, representing the West Bengal government, assured the Court that steps are being taken to restore confidence among doctors and improve safety at medical facilities. Sibal detailed plans for the creation of resting rooms for both male and female doctors, additional toilets, and the installation of CCTV cameras, all of which are expected to be completed within 7-14 days.
- Financial Irregularities Probe: The Supreme Court also directed the CBI to submit a detailed status report on its investigation into alleged financial irregularities at RG Kar Medical College and Hospital. The Court emphasized that disclosing details from this report could impede ongoing investigations and jeopardize the integrity of the probe.
- Privacy and Dignity Concerns: The Court expressed disturbance over revelations in the CBI’s report concerning the post-mortem process and the handling of samples. Additionally, the Solicitor General informed the bench that Wikipedia had been displaying the victim’s name and photo, which the Court deemed a violation of privacy. Consequently, the Supreme Court directed Wikipedia to remove the victim’s identity to preserve the dignity and privacy of the deceased.
Further, the Supreme Court, said that the West Bengal Government cannot stop women doctors from working on night shifts. A bench led by Chief Justice of DY Chandrachud and also comprising justices JB Pardiwala and Manoj Misra made these remarks when it was informed about the West Government decision to prevent women on working night shifts and beyond 12 hours.
The court made these remarks when it was hearing on suo motu petition on the rape and murder of a doctor in state-run RG Kar Medical College and Hospital in Kolkata, West Bengal The court questioned the West Bengal Government notification that barred women for doing night duties and women doctors cannot working beyond a 12-hour-shift.
However Senior Advocate Kapil Sibal, appearing for WB Govt, said that they will remove it. Senior Advocate Sibal for WB also said that it was temporarily and a part of recent security measures.
The top court said women do not want concessions, but equal opportunities and women doctors are willing to work in all conditions.
The top court also said that it is state duty to provide safety to women doctors.
Meanwhile, the top court was apprised by the Senior Advocate Sibal that Chief Minister Mamta Banerjee has assured that no punitive or adverse action will be taken against the doctors who will return to the works.
The Supreme Court expressed unhappiness with a lawyer and his application seeking the resignation of West Bengal CM Mamata Banerjee and said this is not a political forum.
When the lawyer continued his submission, the top court warned he would remove him from the court.
“This is not a political forum alright,” the court said and further added that one has to abide by rules of legal discipline. “We are not here to see what you feel about a political functionary,” the top court said.
Solicitor General Tushar Mehta informed Supreme Court that the victim name and photograph is present in wikipedia platform. The top court directed wikipedia to comply with previous direction and remove the identity of the victim from its platform.
SC said in the interest of maintaining the dignity of the victim, the governing principle is that the identity of rape of the victim should not be disclosed.
