Kolkata rape-murder case: 10 key points made by SC in the hearing today

Disturbed by CBI report, refuse to divulge: SC

The CJI, Justice JB Pardiwala and Justice Manoj Misra have seen the CBI's status report but refused to divulge anything so as not to disrupt the probe. Moreover, they said that they are "disturbed" by the revelations.

"We have looked at the status report of CBI. Making a disclosure today about what CBI is doing will jeopardise the course of the investigation….You understand why we cannot also disclose the lines of the further investigation that CBI is conducting. Let me only assure you that the line of further investigation which is being carried out by CBI is intended to unearth the absolute truth and the further truth and any further leads that may emerge apart from the accused who has been arrested,” said the SC.

When a lawyer pointed to how the body was sent for post-mortem and samples seized, the bench said, "What the CBI has revealed is worse and disturbing. We are ourselves disturbed by it."

Further, the bench added, "We will keep it at that so as not to jeopardise the further possibility of the investigation. As all of you know, apart from the principal, there has been an arrest of the SHO himself. He’s in the custody of CBI, and there are significant pieces of (evidence)… would be revealed in the course of the investigation."

Why women cannot work at night?

During the course of the hearing, the CJI also slammed a Bengal government's notification saying state-run hospitals would avoid allotting night shifts to women doctors. It is the duty of the state to provide protection to women who want to work on night shifts, said the bench..

Directing the Bengal government to amend the notification, which was issued in the wake of RG Kar hospital rape and murder case, the Chief Justice said, "How can you say women cannot work at night? why limit women doctors? they don't want a concession... women are ready to work in the same shift."

Urging senior advocate Kapil Sibal, counsel for the Mamata Banerjee government to look into it, the CJI said, "West Bengal should correct the notification, your duty is to provide security, you cannot say that women cannot work at night. Pilots, Army etc all work at night. The court noted that the condition of women doctors not working at night would prejudice their careers.

The state government has agreed to withdraw the notification.

On the key 'missing' challan

On the issue of the key ‘missing document’, the challan or form no 5371, in the RG Kar rape-murder case, Sibal said that the Kolkata police has not been using it since 1997. And that they have not shown such a challan to the high court instead they used a written requisition as per the GOI standard operating procedure.

Accordingly, the CJI responded saying that they don't buy the explanation, once there is a statutory form....

According to reports, Kolkata police does not use the challan 5371, which is a statutory form to be submitted along with the dead body for post-mortem, without which a post-mortem cannot be conducted.

Instead, the Kolkata police submitted a one-page application written by a Tala police SI on August 9 to the forensics HoD at RG Kar hospital for a “magisterial postmortem and inquest examination” under videography in the presence of a “board of doctors”.

But the SC was insisting on the form 5371 since it carries more detailed information such as details like the injury marks, the cause of death, and remarks about clothing and articles sent with the body. The SC was specifically asking for this challan but Sibal said the police used a written requisition.

SC directs Wikipedia to remove information

Noting that photographs of the rape-murder victim continue to be circulated on social media, the SC bench passed an order to address this and also directed Wikipedia to remove information about the victim's name and photo.

SC junks plea seeking resignation of Mamata Banerjee

The SC junked a plea seeking the resignation of West Bengal Chief Minister Mamata Banerjee in the wake of the RG Kar Hospital rape and murder in Kolkata.

The SC bench reprimanded the lawyer for his plea and said it does not have a remit to pass such an order. "This is not a political forum alright. You are a member of the bar. We do not require your affirmation of what we say. What you say has to abide by the rules of legal discipline."

"We are not here to see what you feel about a political functionary. We are dealing with the specific grievances of the doctors. If you ask me to direct that CM should resign that's not part of our remit," the bench said.

SC turns down request to stop live streaming

The SC also turned down the Bengal government’s request to stop live streaming of the court proceedings saying it was a matter of public interest and the public must know what is transpiring in the courtroom. Kapil Sibal alleged that the livestream was destroying the reputation of the lawyers, and women were facing threats.

“There are threats to women in my chamber and then there are posts about me laughing.. when did i laugh.. it is being said that acid will be thrown at them and raped etc.. people on the ground are saying this," said Sibal.

No punitive action against doctors

Sibal, appearing for the West Bengal government told the SC that no ‘punitive action’ would be taken against the doctors who have not been going to work.

SC's directions to install toilet facilities and CCTVs

Meanwhile, the apex court ordered the Bengal government to enhance security measures, including installation of CCTV cameras, and adequate toilet facilities for the doctors within a period of two weeks. Criticising Ratirer Sathi programe, the SC also pulled up the Bengal government for hiring contractual staff to help doctors.