The Supreme Court of India on Tuesday rapped the Bengal government on the delay in filing the FIR in the RG Kar rape and murder case and the state administration’s failure to stop the vandalism at the hospital during citizens’ protests on the eve of Independence Day.

Chief Justice of India D.Y. Chandrachud, leading a three member bench, raised a number of issues during the suo motu hearing on the rape and murder of the 31-year-old postgraduate trainee doctor in the wee hours of August 9.

FIR was filed late: Supreme Court

“It appears crime was detected on early hours of the morning. The principal tries to pass it off as suicide, the parents are not allowed to see the body,” said the CJI.

Senior lawyer Kapil Sibal, representing the state government, interjected, “That is not correct.”

Ignoring Sibal’s interjection, the CJI continued, “No FIR was filed.”

To this Sibal replied: “Inquest was done and FIR registered immediately. Inquest shows its case of murder.”

In their petition filed before the Calcutta high court, the victim’s family had blamed the hospital for trying to pass off the brutal murder as “suicide”.

“The petitioners were shocked to learn from hospital authorities that their daughter had allegedly committed suicide. However, upon reaching the hospital they faced undue delays and were initially barred from viewing their daughter’s body,” the petition reads. “When finally allowed, they discovered signs of severe torture, sexual assault, and strangulation, contradicting the suicide narrative. Despite initial attempts by hospital and police officials to suppress evidence and mislead the investigation, public pressure led to a proper autopsy confirming rape and murder.”

At Tuesday’s hearing, the CJI observed: “No FIR was there which shows a clear case of murder.”

Role of the principal of RG Kar Medical College & Hospital

CJI Chandrachud also questioned the role of the principal, who was transferred to the Calcutta National Medical College and Hospital, within hours of submitting his resignation letter.

The former principal, Sandip Ghosh, is now being interrogated by the CBI. The agency took over the probe after a Calcutta high court order. The high court had also sent Ghosh on “leave.”

Chief Justice Chandrachud on Tuesday asked, “What was the principal doing? FIR was not filed; body was handed late to the parents. What are the police doing? A serious offence has taken place, the crime scene was in the hospital… what are they doing? Allowing vandals to enter the hospital? After the principal resigned from (RG Kar Medical College and Hospital), he is assigned as principal in some other college.”

“On 9 August, a 31-year old postgraduate doctor at RG Kar Hospital was raped and murdered… the brutality of the sexual assault have shocked the conscience, her name and pictures have been circulated violating the privacy,” the chief justice observed.

Calcutta high court Chief Justice T.S. Sivagnanam too had made similar observations on Ghosh and described him as a “powerful person”.

Whose complaint came first?

Responding to Justice Jamshed Burjor Pardiwala’s question about the first informant of the FIR and the time when it was filed, Sibal responded: “First father of deceased and then VP of the hospital.”

Justice Pardiwala then asked whose complaint had come first.

“Father… 11.45 pm,” replied Sibal.

“What time body handed over for cremation?” asked CJI Chandrachud.

The SC was informed by one of the counsels that the cremation took place around 8.30 pm.

“FIR filed three hours after the body handed over,” observed the CJI.

“Parents are not in the hospital, it is the duty of the hospital to file the FIR.”

Power of state against protesters

The CJI also expressed concerns over the state’s repression over the protests that have been going on in Calcutta since the young doctor’s brutalized body was discovered.

“We are very concerned, let not the power of the state of West Bengal be unleashed on the protestors,” CJI Chandrachud said.

The Calcutta police have issued summons to a number of doctors, political party leaders, radio jockeys and even the Trinamul Rajya Sabha MP Sukhendu Shekhar Ray, who had raised some questions on the case on social media.

The victim, a postgraduate trainee at the RG Kar Medical College and Hospital’s chest department, had retired to a seminar hall as the college does not have a rest room for the doctors, after a 36-hour uninterrupted stint.

Wednesday night’s violence at the hospital, it is suspected that part of the scene of crime was damaged though the Calcutta Police including the commissioner Vineet Goyal has denied it.

Vandalism at RG KAR

One of the counsels appearing on behalf of an association of doctors from Bengal told the three-member bench that the female resident doctors staying in the hostel were threatened by the goons who vandalised the hospital on the intervening night of August 14 and 15.

“Lady doctors were threatened with harsh consequences. The police instead of protecting them had run away. Most of the parents have called back their daughters,” the counsel said. “There are around 700 resident doctors, only a 100-odd are present now, of which 30-40 are women. The rest have returned to their homes.”

At this point addressing Sibal, CJI Chandrachud said: “This is very serious Mr Sibal. The West Bengal government cannot be unaware of the fact that when there are protests, the other segment will always try and disrupt it… the women doctors are assaulted, the police run away from the scene, thereafter the women doctors leading the protest were called out by name and threatened with the same fate as has been followed in the other.”

Justice Pardiwala asked could the Calcutta police be expected to provide protection to the lady doctors in such a situation.

“This police is going to protect them?” Justice Pardiwala asked.

The CJI instructed central forces in “adequate numbers” to be deployed at the RG Kar Medical College and Hospital to protect the property and the doctors, nurses and paramedical staff.