SC said if the doctors protesting against the Kolkata rape-murder case fail to resume duty by tomorrow 5 pm, the court will not be able to restrain the state government from taking disciplinary action against them
A bench led by Chief Justice DY Chandrachud was hearing the Kolkata rape-murder case on Monday. Pic/PTI
The Supreme Court (SC) on Monday ordered the immediate removal of all photos of the Kolkata rape-murder victim from social media. The apex court also reminded the West Bengal government that no action should be taken against doctors once they return to work by tomorrow 5 pm. However, it noted that if they fail to do so, the court will not be able to restrain the state government from taking disciplinary action over further absence from work, reported news agency ANI.
Following the court's statements, Senior Advocate Geeta Luthra claimed that the doctors protesting against the Kolkata rape-murder are facing threats. To this, the apex court directed the authorities concerned to ensure that necessary conditions are being created for the safety and security of doctors in hospitals. The court also said that toilet facilities for both male and female doctors must be made available,
SC also raised multiple concerns regarding the post-mortem report in the Kolkata rape-murder case. Senior Advocate Kapil Sibal, representing the West Bengal government, also pointed out several issues in the case. One of the advocates present during the hearing questioned the improper handling of a vaginal swab, which should have been preserved at 4 degrees Celsius but was not.
Solicitor General (SG) Tushar Mehta, representing the Central Bureau of Investigation (CBI), noted that the post-mortem report did not mention the time it was conducted, which is a critical detail in such cases. He added that in the cases of rape and murder, the first five hours are crucial for collecting evidence, and CBI faced challenges as they began their probe five days after the incident.
SC, led by Chief Justice of India (CJI) DY Chandrachud, asked SG if the necessary documents were available when the body was sent for the post-mortem. Sibal, unable to immediately produce the required documents, requested additional time to submit them. Mehta confirmed that the documents were not included in the files provided to them.
During the proceedings, CJI Chandrachud directed CBI to submit an updated status report by next week. The court will review the matter on September 17.
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CJI Chandrachud asked about the proximity of the residence of the principal of RG Kar Medical College to the hospital, to which SG Mehta responded that it was about 15-20 minutes away.
The court sought clarity on the registration of the report for the unnatural death. Sibal stated that the death certificate was issued at 1:47 pm, while the police registered the unnatural death report at 2:55 pm. Sibal further mentioned that the search and seizure related to the incident took place between 8:30 pm and 10:45 pm.
The court also inquired about the CCTV footage related to the incident. SG Mehta confirmed that four video clips, totalling 27 minutes, had been handed over to CBI. The central agency will send the samples to All India Institute of Medical Sciences (AIIMS) and other forensic labs for further examination.
Additionally, the apex court instructed that the security be tightened at RG Kar Medical College, with accommodations provided for all Central Industrial Security Force (CISF) personnel near the hospital. CISF must ensure that no one is allowed inside the emergency wards without proper identification at RG Kar Medical College, the court said.
Meanwhile, Sibal informed the court that the West Bengal government had filed a status report, revealing that 23 people died owing to lack of medical attention during the doctors' protest.
(With ANI inputs)
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