The Supreme Court on Monday expressed serious concern over the post-mortem report of the RG Kar rape-and-murder victim not mentioning the challan, a crucial forensic evidence that lists the garments and ornaments found on the body.

The court directed the protesting junior doctors to resume work by 5pm on Monday, failing which it said it would not be able to assure them any immunity from disciplinary action by the authorities.

“The… third column in the post-mortem report… there is no mention of the challan.... If this document is missing, then something is amiss,” Justice J.B. Pardiwala, part of the three-judge bench, told senior advocate Kapil Sibal, appearing for the Bengal government.

The challan can throw up crucial clues on the cause and manner of death, among other things.

Chief Justice of India D.Y. Chandrachud said: “The post-mortem team normally will not accept the body without the challan, that is why we want to see it. Was the post-mortem carried out without the request form at all?”

Sibal sought time to clarify the state’s position on the matter.

The court directed the removal of photographs of the raped and murdered junior doctor from all social media and electronic mediums “forthwith” to protect her dignity and privacy. It asked the CBI to file a fresh status report on the progress of the investigation, posting the matter for further hearing on September 17. The hearing — Justice Manoj Misra being the third judge on the bench — continued for nearly three hours.

The CBI on Monday submitted a sealed-cover report on the progress of the probe.

The lawyers appearing on behalf of the family of the victim, and solicitor-general Tushar Mehta, representing the CBI, alleged that there was a deliberate cover-up and manipulation of evidence. Mehta told the court that in view of the doubts over the conduct of the state authorities, the CBI had decided to send the samples to AIIMS, New Delhi, and hospitals outside Bengal.

Mehta told the court that the post-mortem report does not even mention the time of filing.

The CJI said there was CCTV footage to indicate what time the accused had entered and exited the crime scene inside RG Kar, but the court wanted to know whether there was footage related to the subsequent entry and exit of others.

“Please tell us during the course of further investigation…. Let the CBI furnish a fresh status report by next Tuesday. Let us see what happens from now till then,” CJI Chandrachud said. “We are not asking what line of investigation they (CBI) have to adopt.”

The solicitor-general told the bench that in cases of rape and murder, the first five hours are crucial and none can disturb the crime scene. The CBI, he pointed out, took over the probe five days after the crime.

A counsel appearing for the victim's family said the entire crime scene had been destroyed and several mandatory procedures breached. He said it was not clear whether the clothes of the victim had been produced before the doctors who conducted the post-mortem.

The lawyer claimed that the vaginal swab of the deceased was not preserved at 4°C as required by law. According to the lawyer, the search and seizure of the samples were conducted before the registration of the FIR, which was recorded after a 14-hour delay.

Doctors warned

Justice Chandrachud expressed displeasure at the continuing cease-work by the junior doctors. “You can’t say you will protest at the cost of duty. The protest can’t be at the cost of duty. You return to work by 5pm tomorrow, we will tell them (government) not to take any disciplinary or adverse action against you," he said.

The bench directed the state to ensure a safe working atmosphere for the doctors to resume work.

“The state of West Bengal must take steps to create a degree of confidence in the minds of the doctors that their concerns regarding their safety are being duly addressed. The police must ensure that necessary conditions are created for ensuring the necessary safety of all doctors… including separate duty rooms, toilet facilities and installation of CCTVs,” the CJI said.

The court told the doctors, represented by senior advocates Geetha Luthra and Karuna Nundy: “First return to work. The district collectors and the superintendents of police will ensure your safety. If you do not come to work, do not hold anyone responsible for disciplinary action against you.”

Order on CISF

The bench directed the Bengal government to ensure that necessary infrastructure like temporary housing, transport and gadgets are provided to the CISF personnel deployed at RG Kar.