The Supreme Court, on Monday (September 9), asked the Central Bureau of Investigation (CBI) to file a fresh status report in RG Kar rape and murder case by September 17 after the probe agency pointed out the forensic report in the case and said “who collected the samples” has emerged as a relevant question.
The rape and murder of a 31-year-old junior doctor at state-run RG Kar Medical College and Hospital in Kolkata on August 9 has been taken up by the apex court on its own initiative. The case was presided over by a bench headed by Chief Justice of India (CJI) DY Chandrachud, along with Justices JB Pardiwala and Manoj Misra.
“Status report has been filed by CBI, it appears that the investigation is in progress. We direct the CBI to file a fresh status report… we will take it up on Tuesday, let’s see what happens now,” the top court said during the hearing on Monday.
“We don’t want to guide the CBI on its investigation,” the court further said.
The SC noted that there was a delay of “at least 14 hours” in filing the FIR in the Kolkata trainee doctor’s rape-murder case.
The top court even expressed serious concern over the absence of document relating to the transfer of body of the raped-murdered doctor for post-mortem. It asked the CBI to find out the reason for this.
Both the CBI and the West Bengal government had submitted their respective status report to the court on Monday.
SC Kolkata rape and murder case hearing
Medical evidence of forceful penetration
Appearing for the CBI, Solicitor General of India, Tushar Mehta presented a medical report which mentioned “medical evidence of forceful penetration in the genitals and the cause of death was manual strangulation.”
The report classified the death of the junior doctor at RG Kar Hospital as homicidal and confirms evidence of sexual assault.
Mehta further said that the CBI had decided to send samples to the All India Institute of Medical Sciences (AIIMS), New Delhi.
“We have forensic examination report and one thing is admitted that when the girl was found at 9:30 am, her jeans and undergarments were removed and lying nearby… semi-nude and injury marks also on body… they have taken samples. they have sent to CFSL (Central Forensic Science Laboratory) in West Bengal. CBI has taken a decision to send the sample to AIIMS and some other lab,” he said.
The Solicitor General further said: “Person enters, girl is nude and this is the result of FSL. So who took the sample is relevant.”
SC seeks clarification on timing of unnatural death
Following the status report submission by the CBI, the apex court sought for a clarification on the timing of the unnatural death (UD) report in the Kolkata rape and murder case of the trainee doctor at the RG Kar Hospital.
Senior advocate Kapil Sibal, representing the West Bengal government, said that the death certificate was given at 1:47 PM, while the police registered the entry UD at 2:55 PM.
SG Mehta, however, countered stating that according to records, the report was filed at 11:30 pm.
The CJI then asked clarification on these two timelines.
The court also sought clarification on whether the CCTV footage of the search and seizure procedure, conducted from 8:30 PM to 10:45 PM, had been handed over to the CBI. To this, Mehta responded that the footage was provided in four clips, totaling 27 minutes.
Sibal clarified that, due to a technical glitch, the footage was originally stored in two parts but was ultimately provided in full.
23 people killed in doctors’ strike: WB govt to SC
In a status report submitted to SC in a sealed envelope by Sibal, the state health department claimed that 23 people have died as a result of the doctors’ strike.
Immediately remove victim’s photo from social media
The SC ordered immediate removal of RG Kar rape and murdered victim’s photos from social media platforms and electronic media forthwith to protect the dignity and privacy of the deceased.
Provide accommodation, security equipment to CISF at RG Kar Hospital
During the hearing, Mehta highlighted inadequate accommodation for female Central Industrial Security Force (CISF) personnel at RG Kar Hospital, noting that three companies of CISF women had to travel 1.5 hours due to lack of proper housing.
The court directed the West Bengal government to provide accommodation to CISF personnel near RG Kar Medical College and Hospital and ensure that necessary gadgets for the CISF are provided by 9 pm on September 9.
“We direct an officer of the home department and the CISF shall jointly ensure that all companies of CISF are provided accommodation within the vicinity of the RG Kar Medical College and Hospital,” the CJI said.
The court also asked the Mamata Banerjee government to provide six buses and three light motor vehicles by 5 pm on September 9.
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