SC tears into WB authorities, questions lapses in case

 SC tears into WB authorities, questions lapses in case

 Dhananjay.Mahapatra@timesofindia.com 20.08.2024

 New Delhi : “Why was the FIR on the shocking rape-murder incident lodged after 12 hours? Why was it attempted to be passed off as suicide? Why was the principal, whose role is under scrutiny, re-appointed as principal of another medical college hours after he resigned?” Supreme Court on Monday fired a volley of questions at the West Bengal government as it expressed its unhappiness with response of authorities in Kolkata to the horrific crime.

 “What were the Kolkata police doing? Why was it recorded as an unnatural death case even after the inquest/post mortem report clearly showed that it was a case of murder? How can we trust the state police to give protection to the doctors to persuade them to return to work,” asked a bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra. The bench said that the Calcutta HC, which has transferred the investigations into the Aug 9 incident of rape and murder at R G Kar Medical College and Hospital to CBI, would continue with its proceedings but asked the central probe agency to submit a status of its probe into the horrific incident on Aug 22, the next date of hearing. 

The court also recorded its strong disapproval of police action against peaceful protests regarding the rape and murder incident by doctors, civil society and lawyers. “We expect that the West Bengal govt shall observe necessary restraint as far as peaceful protests are concerned. It shall ensure that state power is not unleashed on the protesters,” the bench said. Opening the proceedings with stinging remarks, the CJI said, “After the crime was detected in the morning (of Aug 9), the principal tried to pass this off as suicide. Parents of the deceased are not allowed to see the body. Until late night no FIR was registered.” For West Bengal, senior advocate Kapil Sibal and Menka Guruswamy refuted the charges by reiterating “not true” several times. Sibal said the police had immediately registered a case of unnatural death. On the entry of a 7,000-strong mob into the hospital on Aug 14-15 night, the CJI-led bench said, 

“A very serious offence has taken place. The crime scene is within the hospital. The first thing the police should do is to protect the crime scene. What were the police doing? They allow the vandals to enter the hospital.” Solicitor general Tushar Mehta said, “It is impossible for a 7,000-strong mob to enter the hospital without the knowledge of police” hinting at the possible complicity of police with the vandals. The role of RG Kar’s principal came under intense scrutiny of the SC. “After the principal resigns from the R G Kar Medical College, he is immediately sent to another college as principal. His conduct is under scrutiny, and he is appointed as principal to another college?” The SG said the in-charge DGP of West Bengal is under SC scrutiny for fabricating and forging evidence in the Saradha chit fund scam case. But Sibal countered him saying Kolkata police is not under the DGP.