What did we learn from the Supreme Court’s fifth hearing, held on Monday, into the rape and murder of the young intern doctor at RG Kar Medical College and Hospital? The short answer is ‘not much’.
Like in the last two hearings, the three-member bench of the Supreme Court led by Chief Justice of India D.Y. Chandrachud did not divulge much on the probe being conducted by the Central Bureau of Investigation into the rape-murder on August 9 as well as the financial irregularities and corruption at the state-run hospital.
And like in the last two hearings, the progress was listed out in dribbles and significant statements.
Though the Bengal government had assured the apex court about security to the junior doctors, doctors and nursing staff at the state-run facilities, at least three incidents have happened over the last three days in different parts where the staff came under attack and the junior doctors have been on cease-work, the court was informed.
Here are the key takeaways from the hearing at the Supreme Court on Monday afternoon.
1. ‘Reels being made on RG Kar victim’
Appearing on behalf of the RG Kar victim’s parents, senior advocate Vrinda Grover raised the issue of a film that has been made on the incident, the release of which has since been postponed.
Grover, in her first appearance in the case as the victim’s parents’ lawyer, asked the court how such a film could affect the investigations and expressed worries about how the victim would be portrayed.
Karuna Nundy, counsel for the senior doctors, said that reels were being made, including with AI, on the RG Kar victim.
2. Attack on doctors
Senior advocate Rakesh Dwivedi, appearing on behalf of the state of West Bengal in the absence of Kapil Sibal, blamed the junior doctors in the attack at the College of Medicine and Sagore Dutta Hospital after Karuna Nundy, counsel for the senior doctors, raised the issue of the attacks.
“A patient died because there was no bed provided, no doctor attended,” Dwivedi said.
This led to furious protests from Indira Jaising, counsel for the junior doctors, as well as Nundy.
“No, these allegations cannot be made,” Nundy said.
Jaising informed the court: “They [the junior doctors] are performing all essential services including inpatient and outpatient services. The medical term is essential and emergency services. I won’t take responsibility for another strike.”
The CJI instructed the junior doctors to resume all services.
3. Threat culture persists: Counsels for doctors
Indira Jaising said that the threat culture that the doctors have been speaking against still persists as those who stand accused of their involvement in the corrupt practices continue to hold posts at RG Kar Medical College and Hospital.
“I am making the statement that they [the junior doctors] have all gone back to work. Secondly, four people that I have… are still in employment at RG Kar Medical College and Hospital and we only request temporary suspension, so we [doctors] can go back to work with confidence. How are we expected to work if they are still in positions of power,” Jaising asked.
Nundy, too, informed the court that many people mentioned by the CBI with regard to financial irregularities and those who were present at the scene of crime are still in power.
“They should be suspended temporarily until the investigation is over,” Nundy said.
Jaising added if not suspension, they should be asked to go on leave.
CJI Chandrachud instructed the CBI to submit a list of all people the agency is investigating.
Bengal’s counsel Dwivedi informed the apex court that five doctors from RG Kar Medical College and Hospital have been suspended.
The CJI has asked for their names.
4. The CBI investigation: ‘Substantial leads’
After going through the status report submitted by the CBI, Chief Justice of India D.Y. Chandrachud said “substantial leads” have come up in the probe. He did not divulge any details.
“The status report indicates the leads and steps taken in the investigation,” the CJI said. “At this stage, when investigation is in progress, it would not be appropriate to set down the details of leads. CBI is investigating on the rape and murder and allegation on financial irregularities. Whether there is a relationship between the two is a matter of investigation [by the CBI].”
5. Shadows from the past in RG Kar?
Phiroze Edulji, a lawyer who has been vocal in the hearings, referred to the murder of another doctor, Chandan Sen, in 2003 at the Ranaghat Municipal Hospital. Edulji claimed that the memory of that murder from over two decades ago had pushed the elderly residents of Calcutta to hit the streets.
“The racket involved was fake medicine being sent out,” Edulji said, alleging that the same “module” worked in the rape and murder of the 31-year-old postgraduate trainee at the RG Kar Medical College and Hospital.
Solicitor-general Tushar Mehta, counsel for the CBI, suggested Edulji give the details in writing. “Not appropriate to discuss loudly. You may submit in writing and it will be immediately handed over to the CBI,” Mehta said.
Edulji also alleged that the incumbent principal of RG Kar Medical College and Hospital, when he worked at the same hospital four years ago, was involved in a racket and that the matter was sub-judice.
“You cannot throw these allegations across the bar, you put it on record in the next hearing,” CJI Chandrachud directed Edulji.
At this point, state counsel Dwivedi asked Edulji who he was representing and from where he was getting these information.
6. CJI says ‘tardy progress’ in Bengal government providing security
The CJI questioned the state counsel on the progress made in the installation of CCTV cameras, construction of toilets and separate resting rooms for male and female doctors.
“No part of work completed above 50 per cent. Why is the process so tardy? We have been monitoring since August 9,” the CJI said.
Dwivedi requested for more time.
“We will need more time to complete the constructions,” replied Dwivedi citing logistical delays and flood situation in several parts of the state. “Twenty six per cent CCTVs installed. We will completed by October 31st. Most of the work will be done by October 15.”