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regular-article-logo Monday, 23 September 2024

Peaceful protests in Kolkata rape and murder case shall not be disturbed or disrupted by Bengal govt, says SC

Kolkata police is looking at the incident of vandalism after the protest at the site. It appears that the request for conducting a polygraph test is submitted. By 5 pm, Aug 23 ACJM Sealdah must pass order on permission for polygraph: CJI

Our Web Desk Published 22.08.24, 11:24 AM

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  • SC directs secretary of Health Ministry to engage with chief secretaries of states, DGPs to ensure safety of healthcare professionals.
  • Status reports be sealed: SG
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  • Don't politicise the issue, law will take its course: SC to parties appearing in Calcutta rape and murder case
  • There shall be no coercive action against doctors for protesting: SC
  • Peaceful protests in Calcutta rape and murder case shall not be disturbed or disrupted by West Bengal government: SC
  • SC directs secretary in Health Ministry to open portal where stakeholders can submit suggestions to National Task Force on safety of doctors.
  • SC directs Task Force to hear all stakeholders in formulation of national protocol for safety of doctors
  • Who was in touch with principal of RG Kar Medical College, why did he delay FIR, what was the purpose: SC asks West Bengal govt.
  • What is reason for 14-hour delay in lodging of FIR in incident: SC asks West Bengal government
  • SG and Sibal fight over comments made by state minister Udayan Guha and leader of Opposition in the Bengal Assembly Suvendu Adhikari
  • Justice and medicine can't go on strike: CJI
  • Action is being taken against protesting doctors: Karuna Nandy
    Once doctors go back to work, please come back to us and tell us next week: CJI
    Sibal says state's status report cannot be shared with the SG as investigation is still on.
  • SG asks for timeline be shared with CBI.
  • This court has not injuncted the state from exercising such lawful powers as entrusted in law, however, we categorically affirm that peaceful protests shall not be disturbed and state shall not take action against those peacefully protesting against the incident at RG Kar College: CJI
  • Counsels suggestions on (1) distress call systems; (2) Institutional FIRs; (3) Compensation distress funds- the above may be considered by the NTF: CJI
  • Kolkata police is looking at the incident of vandalism after the protest at the site. It appears that the request for conducting a polygraph test is submitted. By 5 pm, Aug 23 ACJM Sealdah must pass order on permission for polygraph: CJI
  • A status report is submitted by the CBI and likewise by the Kolkata Police. As already noted earlier... investigation is being conducted by the CBI: CJI
  • Instead of concentrating on the investigation, you are concentrating on the government of West Bengal: Sibal
  • What is the reason A) FIR is lodged after almost 14 hours? Second, principal of the college should have come straightaway and filed the FIR. Who was he in touch with? The moment he tenders his resignation he is appointed as principal of another college?: CJI
  • There was no delay in the investigation: Sibal
  • We have followed the guidelines to the T, Regulation of 68 milords: Sibal
  • SC resumes hearing on the RG Kar Medical College and Hospital rape and murder.
  • State's status report to come up before the bench post-lunch
  • CISF is still not there: Counsel
  • It appears then, that at the time of PMR conducted, UD 861 was already done. Why did the IO then say after I reached the police station at night and recorded?: CJI
    He reached the station after the investigation: Sibal
  • State says father did not permit registration of FIR, father's lawyer is here: SG
  • If the report indicates that after the return to police station was recorded , after the dead body given to mother, if police say GD 861 was recorded at night, how does the inquest report refer to the UD earlier than that?: CJI
  • After PMR, and inquest, the body is handed over to mother, after return to the police station a UD case is registered, all police superiors were informed....it appears that initial report of UD was received and registered at 10:10 AM, after they recieved they return to police station at night FIR recorded at 11:30 night: CJI
  • GDE is kept at station, CD carried to the spot, the inquest report states that the UD was registered at 9.8.24 at 10:30 hours. the CD carries the steps of the police: Justice Misra
  • A UD case has been registered - earlier was GDE, this UD was 23:30 and FIR at 23:45, that is how the chronology is: SG
  • In fact it also matches with the FIR: CJI
    Lordships have 10:10? this is GDE (General Diary Entry) : SG
  • We have seen the CD, we can form the view of the moments of the police officers, what time was PMR etc and finally the UD registered at 11:30 PM: CJI
  • The bench reads the report
  • Original CD (case diary) handed over to the CBI in the high court as soon as the transfer order came: Sibal
  • The seizure list also has UD case (Unnatural Death), inquest has it too, PMR (Post Mortem Report), all these documents have it ....all is before 11 Pm, how can anyone then contend, the inquest is at 4:40 pm: Sibal
  • Report is signed by the judicial magistrate, these cannot be inserted: Sibal
    Your lordships suspicion is right, now we will read page 8 (inquest report): Sibal
    Prima facie it appears that it has been inserted let this be investigated: Justice Pardiwala
    He reached then to the station: Sibal
    What is this circled thing? why has he mentioned 23:30 hours?: Justice Pardiwala
    Show us one document prior to 23.30 hours where we can find this UD case registered: Justice Pardiwala
    He has recorded minutes?: Justice Pardiwala
    Sibal protests
  • One lady was found on a mattress on the dias, in an unconscious state, after this UD is registered AFTER he returned to the police state (official) where seized articles were kept Case diary says the UD case was registered after the OC returned to the police station: CJI
  • The PM takes place at 6-7 Pm after which the investigation takes place: CJI
  • GD recorded at 10:10 AM, phone call received that a PG lady doctor was found unconscious at 3rd floor... The dead body of victim, the board verbally opined that death was due to strangulation, possibility of sexual assault, this is possibility: CJI
  • CJI reads state's report
  • The entire procedure followed by your State is something which I have not come across in the 30 years of my life....the first thing is, is this true that the UD was recorded at 10:30 hours? second, who is this asst. Superintendent Non-Medical, her conduct is also very doubtful, why did she act in this manner?: Justice Pardiwala
  • Read para 10, is this record correct?: Justice Pardiwala (to CBI official)
    Yes correct: CBI Joint Director
    Then what document are they (Mr Sibal) referring to: Justice Pardiwala
  • Time of inquest panchanama?: Justice Pardiwala
    3:45 pm: Sibal
    Has the CBI collected the record from them?: Justice Pardiwala
  • Joint Director of CBI present before the bench
  • When we take up this matter in the next hearing keep a responsible police officer who can answer our questions: Justice Pardiwala
  • Show the time on the document that's all: Justice Pardiwala
  • At what time was the inquest punchnama done? Justice Pardiwala
  • Sibal consults officials; Tell him make a responsible statement, no rash statement: Justice Pardiwala
  • UD case 861/24 was registered at what hour? From where do you get this?: Justice Pardiwala
  • How do we reconcile the two records? Post mortem precedes registration of UD : Justice Pardiwala
  • When was PMR done? : Justice Pardiwala; 6:10-7:10 PM: Sibal
  • Autopsy was conducted on evening hours of 9th, the GD entry of unnatural death recorded at 11:30 at night: Justice Misra
  • Allow me to place timeline minute by minute: Sibal
  • Post mortem done from 6.10 to 7.10 pm: Sibal
  • Mr Sibal, one aspect is extremely disturbing, the GD entry of death is recorded at 10:10 AM...the securing of the crime scene, the seizures etc was done at 11:30 at night? what was happening all by then?: CJI
  • The person who has brought this had filed this complaint in 2023, so it is not an afterthought, so it cannot be discarded: SG
  • Can I have a copy? It's a formal complaint, part of public record: Sibal
  • The complaint made in writing was made to many officials: SG
  • One more aspect, brought to my notice by a young lawyer, he seems to have filed: SG
  • Local police provided us with the post mortem report: SG
  • I have the timeline of each minute what happened: Sibal
  • CJI asks for page of the post mortem report.
  • The three-member bench is discussing the report.
  • Nothing was altered, everything is videographed: Sibal, representing the government of West Bengal
  • Our difficulty was we entered on the fifth day. The scene of offence is altered. The FIR is registered after cremation. First the parents are informed she is unwell. The senior doctors, colleagues of the victim asked for videography, that means even they felt there was a cover-up: SG
  • Nandy submits that former Principal of the College didn't install CCTVs worth 14 Lacs, had the CCTV been there the incidents could have been tracked
  • CJI asks for injury report of the accused
  • Day and time may kindly be taken note of: SG
  • Facts have been narrated: SG Tushar Mehta
  • Submission made by Karuna Nandy
  • CJI and members of the bench are going through the status reports
  • "Those who have spoken up are being targeted by members of the administration, people in the hospital: Counsel
  • We are concerned doctors have to work for 36 hours: CJI
  • I have slept on the floor of a public hospital when a family member was admitted: CJI
  • The National Task Force will listen to Resident Doctors' to understand their grievances: CJI
  • CJI asks for status report from CBI
  • Counsel for doctors from AIIMS, Nagpur and PGI, Chandigarh complain before the CJI-led bench resident doctors are being victimised for protesting against the rape and murder of the PGT doctor at RG Kar Medical College and Hospital. CJI says they must return to service after that court will see no action is taken against them.

The Supreme Court on Thursday commenced hearing a suo motu case related to the rape and murder of a postgraduate medic at the RG Kar Medical College and Hospital in Calcutta.

A bench comprising Chief Justice DY Chandrachud and justices J B Pardiwala and Manoj Misra is hearing the matter.

The top court on Tuesday had constituted a 10-member National Task Force (NTF) to formulate a protocol for ensuring the safety and security of doctors and other health care professionals.

Terming the incident as "horrific", the apex court had excoriated the state government over the delay in filing the FIR and allowing thousands of miscreants to vandalise the state-run facility.

The alleged rape and murder of the junior doctor in a seminar hall of the state-run hospital has sparked nationwide protests.

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 was arrested by the Kolkata Police in connection with the case the following day.

On August 13, the Calcutta High Court ordered the transfer of the probe from the Kolkata Police to the CBI, which started its investigation on August 14.

This is a breaking news. Please refresh the page for latest updates.

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