Kolkata rape-murder: SC says delay by cops in registering unnatural death case 'extremely disturbing'

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The Supreme Court (SC) on Thursday said that the police's delay in registering the unnatural death in the Kolkata rape-murder case is "extremely disturbing". A 31-year-old postgraduate trainee was brutally raped and murdered at RG Kar Medical College and Hospital in the West Bengal capital on August 9, triggering massive protests by doctors as well as common citizens across the country.

The court has taken suo moto cognisance of the case.

Questioning the sequence and timing of legal formalities conducted by Kolkata Police, a bench comprising Chief Justice DY Chandrachud and Justices J B Pardiwala and Manoj Misra said it was "very surprising" that the victim's postmortem was conducted on the day of her death between 6.10 pm and 7.10 pm even before a case of unnatural death was registered by the cops.

"How was it that the post-mortem was conducted at 6.10 pm on August 9 and yet the unnatural death information is sent to Tala police station at 11.30 pm. This is extremely disturbing," the bench said.

The court directed the Kolkata Police officer, who registered the case first, to appear for the next hearing and disclose the time the case was filed.

Solicitor General Tushar Mehta, appearing for the Central Bureau of Investigation (CBI), told the top court that the most shocking fact is that the first information report (FIR) was registered at 11.45 pm after the victim's cremation rites were completed. The central agency began investigating the Kolkata rape-murder case on August 14, a day after the Calcutta High Court ordered the transfer of the probe to CBI from the Kolkata Police.

"The state police told the victim's parents that she died by suicide, then they said it was murder. The victim's friend suspected a cover-up and insisted on videography [of the autopsy]," Mehta told the bench.

Meanwhile, the top court also asked the protesting doctors to resume work, and assured them that no adverse action will be taken against them after they rejoin.

The court's appeal comes after the counsel for resident doctors at All-India Institute of Medical Sciences (AIIMS) Nagpur told SC that the doctors are being victimised for protesting over the Kolkata rape-murder case.

"Once they get back to duty, we will prevail upon the authorities to not take adverse action. How will public health infrastructure run if the doctors do not work?" the bench questioned.

"If there is difficulty after that, come to us, but let them first report to work," it said, adding that its heart goes out to all the patients visiting public hospitals.

The court also assured doctors' associations that the National Task Force will hear all the stakeholders.

The postgraduate trainee's body was found with severe injury marks inside the seminar hall of the state-run hospital's chest department. A civic volunteer was arrested by the Kolkata Police in connection with the case on August 10.

(With PTI inputs)