On Thursday, August 22, the Supreme Court heard the Kolkata rape-murder case. The court urged doctors to return to work, assuring them that their safety in hospitals would be guaranteed. The court also criticized the West Bengal government, led by Chief Minister Mamata Banerjee, for its negligence in handling the case. Here’s what happened during the hearing and what Chief Justice DY Chandrachud’s bench commented on:
Court’s Comments and Actions:
- Doctors’ Safety and Work: The Supreme Court stated that healthcare professionals should be allowed to return to work. The court promised to ensure action against officials if doctors faced any issues. It was noted that without doctors, public health infrastructure would struggle to function properly.
- Concerns Over Work Conditions: Chief Justice Chandrachud expressed concern about the 36-hour shifts for doctors. He shared his own experience of staying on the floor of a government hospital to highlight the difficulties faced by healthcare workers.
- Delay in Filing FIR: The court found it troubling that an unnatural death entry was recorded at 10:10 AM, but the FIR was filed at 11:45 PM. The court criticized the West Bengal government’s lawyer, Kapil Sibal, for not taking responsibility for this delay.
- Investigation Procedures: The court commented that the police followed incorrect procedures. The diary entry showed that the crime scene was preserved only after the post-mortem, which led to concerns that crucial evidence might have been lost due to delays in preserving the crime scene.
- Evidence Preservation Issues: Chief Justice Chandrachud’s bench mentioned that important evidence at the crime scene was not preserved in time, which raised fears of evidence being tampered with or lost.
Disputes in Court:
- Debate Over FIR Timing: Solicitor General Tushar Mehta pointed out that the information about the incident was recorded at 10:10 AM, but the FIR was registered at 11:30 PM, calling this delay both wrong and inhumane. Kapil Sibal disputed this claim.
- Post-Mortem Report: The court addressed claims made on social media about semen being found on the body. Chief Justice Chandrachud asked not to rely on social media claims and noted that the official post-mortem report should be referenced.
- Violence at RG Kar Medical College: Kapil Sibal raised concerns about violence at RG Kar Medical College and Hospital, where protests had turned violent.
- Affidavit Disputes: During the hearing, Sibal argued that the government’s affidavit was based on social media, which led to a heated exchange with the Solicitor General. Sibal insisted that the affidavit should be read carefully.
The Supreme Court’s hearing highlighted several issues in the handling of the case and emphasized the need for timely and proper procedures in criminal investigations.
