RG Kar case hearing LIVE: SC asks doctors to return to work, sets deadline
The court said the protesting doctors cannot be oblivious to the needs of the general community.
Exactly a month has passed since the body of a woman postgraduate trainee doctor, raped and murdered, was recovered from the state-run RG Kar Medical College and Hospital in Kolkata.
While investigators still seem clueless about what led to the crime that has opened a can of worms, the Supreme Court on Monday (September 9) heard a suo-motu case as protests continue to rage across West Bengal, including capital city Kolkata.
What SC said
"Protest cannot be at the cost of duty," the Supreme Court said as it directed the West Bengal doctors protesting over the rape and killing of a postgraduate medic at the state-run RG Kar Medical College and Hospital in Kolkata to return to work immediately.
A bench headed by Chief Justice D Y Chandrachud directed the protesting doctors to return to work by 5 p.m. on Tuesday and assured them that no adverse action would be taken if they resumed duty.
"The state of West Bengal must take steps to create confidence in the minds of the doctors that their concerns regarding their safety and security are being duly attended to. In order to ensure this, all the district collectors and SPs (superintendents of police) shall take stock of the situation in all government medical colleges and public hospitals and provide adequate safety.
"We also direct that in the event the doctors return to duty on or before 5 pm (on Tuesday), no adverse disciplinary action should be taken against them. If there is continued abstention of work, there may be a likelihood of adverse action," the bench, also comprising Justices J B Pardiwala and Manoj Misra, said.
The court said the protesting doctors cannot be oblivious to the needs of the general community. "Any protest cannot be at the cost of duty. The young doctors must now return and attend to the patients. We know what is happening on the ground. First, return to work. The district collectors and superintendents of police will ensure (your) safety. You have to now return to work," the bench said.
Follow more live updates below:
Live Updates
- 9 Sept 2024 11:39 AM IST
SC seeks fresh status report from CBI
SG: There are two specimens, or two swabs and the result.CJI: We have seen the further line of investigation, we do not want to comment upon it in open court. We would like a status report by Monday [changed to Tuesday as Monday is a holiday], let CBI proceed on basis on what they are exploring, their leads. - 9 Sept 2024 11:34 AM IST
CBI to send forensic samples to other labs
SG: The CBI has taken a decision to send the forensic samples to the AIIMS and other CFSLs. Samples were tested at CFSL in Bengal. - 9 Sept 2024 11:31 AM IST
CJI seeks info on CCTV footage
CJI: There is CCTV footage to indicate what time the accused entered and existed. Obviously there will be footage after 4.30 in morning...has the CCTV footage in entirety been handed over to the CBI?SG: YesCJI: Has Kolkata Police handed the entire footage from 8.30-10.45 to CBI ?SG: 4 clippings, totalling to 27 minutes in duration. - 9 Sept 2024 11:27 AM IST
CJI seeks more clarifications
CJI: Time [of inquest]?Sibal: 4.20-4.40, Judicial Magistrate arrives at 4.10, he conducts the inquest from 4.20-4.40, it is videographed. Search and seizure was done between 8.30 and 10.45 pm. Once the body was removed for postmortem, then photos were taken. - 9 Sept 2024 11:24 AM IST
SC seeks clarification on sequence of events
CJI: [We need] clarification on two aspects: (1) we want to know the time at which UD (unnatural death) 861/2024 came to be registered.Sibal: Death certificate given at 1.47 pm, entry UD at 2.55 pm at police station.CJI: What is the GD entry by virtue of which UD 861 comes into existence?Sibal: GD 565, recorded at 2.55 pm.SG: GD? GD was at 3.30 [pm], 565 is merely a medical report.SG: 11.30 pm at night. - 9 Sept 2024 11:14 AM IST
Focus on time taken by principal to reach hospital
CJI asks, "What is the distance between the residence of the (former) principal (Sandip Ghosh) and RG Medical College and Hospital?"Solicitor General: "15-20 minutes maximum" - 9 Sept 2024 11:11 AM IST
State submits status report
SC Bench, comprising CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra, examines status report submitted by the state in a sealed envelop.
- 9 Sept 2024 11:05 AM IST
23 dead due to doctors' cease-work: Sibal
Counsel for West Bengal state, Kapil Sibal, informs court that 23 people have died as doctors have not been working in protest.
- 9 Sept 2024 10:53 AM IST
CBI finds more names in RG Kar corruption case
The CBI has reportedly found more names who were involved in the case of financial irregularities at RG Kar Medical College and Hospital for which former principal Sandip Ghosh was arrested along with three others.
"More people were involved in the irregularities which were carried out in a well-planned manner," he said, adding that at times there were no footprints of the financial misconduct.
The central probe agency has submitted before a court that Ghosh had played a vital role in siphoning off funds and orchestrated 84 illegal appointments during his tenure at the hospital as the principal from 2022 to 2023.
The Enforcement Directorate (ED) is also conducting a simultaneous investigation of the financial irregularities case revealing that the former principal and his wife own a luxurious bungalow in the South 24 Parganas district of West Bengal.
They also discovered more property owned by Ghosh and confiscated several "important" documents during search operations at his residence, as well as those of his relatives and accomplices.
The ED has filed an ECIR against Ghosh and started their probe. An ECIR is generally filed by the ED as the case information report. It is similar to a first information report (FIR) in criminal cases.
Media reports also claimed that a racket was functioning in the health department, which controls various aspects of the administration including transfers. The racket also allegedly indulges in unfair means during examinations of students. - 9 Sept 2024 10:51 AM IST
Focus on two-pronged battle: Lawyers
Justice for the rape and murder of a doctor in RG Kar Medical College and Hospital is the primary concern but the allegations that the practice of several students obtaining degrees in medicine through unfair means must not be lost sight of, according to lawyers.
They expressed optimism that the National Task Force (NTF) formed by the Supreme Court to formulate a protocol for ensuring the safety and security of doctors and other healthcare professionals will have far-reaching effects in the future.
“I am optimistic and certain that something will come out of it,” former West Bengal Advocate General Jayanta Mitra told PTI.
Stating that the primary object is to ensure the safety of women and ensuring justice for the victim doctor, he said, “The biggest and most deep-rooted malady is the state of affairs in the field of medicine.”
Mitra said the question of allegations of some unscrupulous people obtaining degrees as doctors in some medical colleges in the state should not be lost sight of and must be taken care of.
“Who do you turn to if you feel that the person you are going to for treatment is an uneducated person who has passed the exam by paying money,” said Mitra, a barrister who had resigned as Bengal’s AG in 2017 after holding the position for a little over two years following differences of opinion with the state government over certain issues.
Following the medic's murder, allegations have surfaced that unfair practices have been adopted in some cases during examinations for medical students.
The CBI is also investigating a case of financial irregularities in RG Kar Medical College and Hospital during the tenure of its ex-principal Sandip Ghosh, who was arrested by the central agency in connection with the case on September 2.
Uday Shankar Chattopadhyay, a lawyer practising at the Calcutta High Court for 22 years, said that laws to ensure women’s safety are already stringent, but the need of the hour is to ensure proper implementation of these.
“Registration of FIR in a fool-proof manner, keeping away political interference and ensuring proper investigation are the requirements,” he said.
Chattopadhyay said that the newly implemented Bharatiya Nyaya Sanhita (BNS) and Bharatiya Nagarik Suraksha Sanhita (BNSS) have stringent provisions on crimes against women and children.
Maintaining that proper investigation is a must in crimes against women and POCSO cases, Chattopadhyay said that the perpetrators can get away without getting convicted if this is not done diligently.
“The Kamduni rape and murder of a 19-year-old college student is an example of such failures,” he said.
The Calcutta High Court had overturned the death penalty to three convicts by a sessions court, commuting to life imprisonment to two and acquittal of the third. The court had observed that the state failed to prove conspiracy and prior concert in the crime beyond reasonable doubt.
Maintaining that the entire world is watching the developments over the RG Kar hospital case, another high court lawyer Arindam Das said the formation of the NTF is a most welcome step.
He said though legal infrastructure is there, such crimes are still taking place.
“The Supreme Court taking up the issue will definitely have a far-reaching effect in ensuring safety and security of women at the workplace,” he said.
The Supreme Court had on August 20 constituted a 10-member National Task Force to formulate a protocol for ensuring the safety and security of doctors and other healthcare professionals.
The 10-member task force headed by Vice Admiral Arti Sarin was asked to submit its interim report within three weeks.
The Supreme Court, which directed the CBI to submit a status report on the progress made in its investigation into the killing, also asked the state government to submit a report on the action it has taken against the vandals.