The Supreme Court heard on Tuesday (September 17) its suo motu case regarding the rape and murder of a trainee doctor at RG Kar Medical College and Hospital in Kolkata, amid the ongoing protests by doctors in West Bengal. A bench comprising Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra conducted the hearing on the matter.
What happened in the hearing?
Sibal said that an atmosphere is being created on social media, "as if by representing the Bengal government, I have taken the side of criminals. My 50-year reputation is being destroyed overnight. It is being said in the media that I was laughing during the hearing." Rejecting the demand, the CJI said, "No, we will not stop live streaming."
"This is a matter of public interest, and it is an open court. As for the threats being received by lawyers, we will take care of that," he stressed.
The Supreme Court is convinced with the investigation of CBI in the case. The CJI said, "The investigation in this matter is progressing swiftly. The CBI is investigating all the aspects that were discussed during the previous hearing, whether it pertains to the charge sheet, damage to any crime scene, etc."
The CJI told the lawyers, "You all know why we are not disclosing any part of the report. The CBI is providing us with information on every aspect in the report."
The CJI further said, "Everyone agrees on maintaining the confidentiality of the report. If the CBI report is leaked, the investigation could be compromised."
CJI: "The investigation in this matter is progressing swiftly. The CBI is investigating all the aspects that were discussed during the previous hearing, whether it pertains to the charge sheet or damage to any crime scene. The Solicitor General (SG) has submitted the report. Therefore, we will listen to them."
Supreme Court expressed satisfaction with the CBI’s report
The CJI stated that revealing the findings of the ongoing CBI investigation today could jeopardize the process. "The approach adopted by the CBI is aimed at uncovering the truth. The SHO has already been arrested. We have reviewed the status report, and all the issues raised by us have been addressed, including whether a charge sheet was filed, what the post-mortem procedure was, whether evidence was destroyed, and if there was any collusion with other individuals, among others," he said.
SG: "My concern is that revelations and such should not aid the accused persons. We are being very cautious in the charge sheet as well. Whatever happens, it should not benefit the accused."
The father of the victim submitted a letter to the Supreme Court raising some requests regarding the investigation. The Bench read the letter.
CJI: The victim's father has raised many concerns, most of which have been covered by the CBI in the investigation. However, there are some important points raised by him.
The CJI said that the report of the CBI investigation is extremely disturbing. "We cannot discuss this in the courtroom," he said.
SC begins drafting order
CJI: All parties' lawyers agree that information related to the CBI investigation should not be made public, as doing so could impact the investigation.
CJI: The CBI should also consider the suggestions made by the victim’s father. SG Tushar Mehta has assured the court that the CBI will contact the victim’s father.
CJI: The lawyer representing the doctors has raised the possibility that some people were present at the crime scene. This information should also be provided to the CBI. We cannot make this information public at this time.
The CJI directed the CBI to submit a status report on financial irregularities along with the status report of the investigation.
Supreme Court's hearing significant today
The top court’s hearing is significant as, in the last hearing, it had directed the resident doctors to resume duty by 5 pm on September 10 to avoid punitive action by the state government. Kapil Sibal, representing the Mamata government in the apex court, had claimed that the doctors’ absence from work had led to the death of 23 patients till September 9, the day the case was last heard. Despite the SC’s direction, the resident doctors continued their strike.
The medic's body with severe injury marks was found inside the seminar hall of the hospital's chest department on August 9. A civic volunteer, Sanjay Roy, was arrested in connection with the case the following day. On August 13, the Calcutta High Court had ordered transfer of the probe from the Kolkata Police to the CBI, which started its investigation on August 14.
ALSO READ | Mamata accepts protesting doctors' demands, says Kolkata CP Vineet Goyal to be removed
