Substantial leads in CBI probe: SC on RG Kar case
A bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud perused the status reports submitted by CBI to point out that a thorough investigation was being undertaken by it.
The Supreme Court on Monday revealed that the Central Bureau of Investigation (CBI) is probing whether the brutal rape and murder of a 31-year-old doctor at Kolkata’s RG Kar Medical College in August could be tied to other illegal activities connected to the hospital administration, noting that the agency has gathered “substantial leads” in its investigation.
A bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud perused the status reports submitted by CBI to point out that a thorough investigation was being undertaken by the agency to uncover the connection of the rape and murder with administrative lapses and financial misconduct at the hospital.
“CBI has given us elaborate statements on where the investigation is now. There are some substantial leads that have come to light during the course of their investigation which they are following now. Let CBI investigate further...they have given status on both rape and murder and the aspect of financial irregularities,” said the bench, also comprising justices JB Pardiwala and Manoj Misra.
The court underscored the gravity of the ongoing investigation, noting that any premature disclosure of leads could compromise the probe. “At this stage, when the investigation is in progress, it would not be proper to reveal the leads which CBI is following as it may compromise the probe,” the bench said.
The proceedings also witnessed a dispute between the West Bengal government and the junior doctors over the resumption of the latter’s duties following weeks of strike. While the state insisted that the junior doctors were only attending to emergency duties, the counsel for the doctors refuted this, stating that they were carrying out both essential and emergency services, including attending to out-patient departments (OPDs).
The bench refrained from issuing any further directions on this matter.
The court was hearing a suo motu case concerning the rape and murder, which has drawn widespread outrage across West Bengal, leading to protests by junior doctors and healthcare workers. The second-year postgraduate student was found dead on the hospital premises on August 9. A Kolkata Police civic volunteer, Sanjoy Roy, was arrested by the city police a day after the crime. The case was shifted to CBI following a high court order.
Solicitor general Tushar Mehta, representing CBI and the Centre, was informed that the agency’s investigation extended beyond the immediate circumstances of the victim’s death, as disclosed in the reports submitted confidentially to the bench.
Senior advocates Indira Jaising and Karuna Nundy, representing different groups of doctors, highlighted that several individuals being investigated were still in positions of power, raising concerns about the ongoing “threat culture”.
Jaising added that this case went beyond a simple rape and murder, alleging the possible involvement of high-ranking officials at the hospital. She requested the suspension of seven doctors implicated in the investigation, expressing concern about their continued employment. Responding, the bench asked the West Bengal government to provide an update on any decisions to suspend or take action against the persons cited by Jaising.
West Bengal’s counsel, senior advocate Rakesh Dwivedi, informed the court that five doctors were already suspended, and the state would act further based on material evidence provided by CBI.
At this, the court asked SG Mehta to apprise on the next date of hearing it if there are any individuals in the hospital linked to either the crime or the financial irregularities under investigation by CBI.
The bench also took on record an application filed by an intervenor through advocate J Sai Deepak, who sought an expansion of the ongoing CBI investigation to include a wider remit, potentially covering more incidents of criminal and administrative malfeasance at other hospitals in West Bengal.
“The court shall take a call on what further directions would be needed for CBI, which may travel beyond the RG Kar incident,” the bench noted in its order, leaving the door open for a broader probe into financial irregularities and systemic issues in other healthcare institutions across the state.
State’s efforts to address safety concerns:
The bench also scrutinised the state’s efforts to improve safety at RG Kar Medical College and other state-run facilities in West Bengal, demanding updates on the installation of CCTV cameras, construction of gender-segregated duty rooms and other infrastructural changes. Dwivedi assured the court that while some work was delayed due to floods, the remaining installations would be completed by mid-October.
Expressing dissatisfaction , the bench remarked: “Why is the progress so tardy? No area is above 50% completion.” Dwivedi attributed the delays to logistical challenges but assured the court that the work would be completed by October 15.
The bench then proceeded to record in its order: “It has been assured that all endeavours will be made by the state to finish all work by October 15.”
Court orders social media crackdown:
Another key issue raised during the hearing concerned the illegal proliferation of the victim’s images on social media platforms. The court expressed shock over the misuse of the deceased doctor’s photographs and videos.
Advocate Vrinda Grover, representing the victim’s family, stressed how “disturbing” it was for the family to witness such posts. “We need a nodal officer who can review this content and act immediately when the family alerts them,” Grover argued.
The bench then directed the state of West Bengal to immediately contact all social media platforms and ensure compliance with earlier court orders prohibiting the sharing of the victim’s photos. “The earlier order, which applied to Wikipedia, will now extend to all social media intermediaries to ensure that no images of the victim are displayed,” it said.
The court further instructed the Ministry of Electronics and Information Technology (MeiTY) to designate a nodal officer who would promptly take action to remove any offending content.
SC clarifies on Calcutta HC proceedings:
The Supreme Court also clarified that it had not stayed proceedings in the Calcutta high court related to the case, following concerns raised by senior advocate Mahesh Jethmalani. The CJI stated that both courts would continue to operate within their jurisdictions and not entrench on each other’s remit.
“We did not stay the high court proceedings. They are seasoned enough to know what they can look into without interfering with our remit,” the bench told Jethmalani. The senior lawyer complained that his plea for registration of an FIR against the then Kolkata police commissioner for disclosing the name of the victim in a press conference was not being adjudicated by the high court because the Supreme Court was seized of the matter.