The Supreme Court will examine on Thursday a plea for a directive to frame additional charges for “larger conspiracy” against the RG Kar rape-and-murder accused other than Sanjay Roy, the lone accused to have been chargesheeted for the August 9 barbarity.
“We will see the status report submitted by them (the CBI) tomorrow and decide…” Chief Justice D.Y. Chandrachud orally observed at the end of the proceedings on Wednesday.
The RG Kar case, which the apex court had initiated suo motu days after a junior doctor was raped and murdered at the government medical college on August 9, was listed for hearing on Wednesday but could not be taken up for want of time.
The bench, which includes Justice J.B. Pardiwala and Justice Manoj Misra, gave the assurance after a lawyer for an intervenor in the case pleaded for framing additional charges on the ground that charges have so far been framed only against Roy.
“The charges have been framed against the main accused, Sanjay Roy, butif there is an alleged conspiracy then charges will need to be reframed, the trial hasto be stayed,” the counselsubmitted.
Roy’s trial for the rape and murder, which has shocked the entire nation and led to the tumbling of many skeletons from the cupboard of government healthcare, including largescale financial irregularities, is set to start at the Sealdah court on November 11.
Chief Justice Chandrachud said the plea would be examined on Thursday after perusal of the latest status report by the CBI, which is investigating the rape and murder as well as financial malpractice at RG Kar.
On Monday, the additional sessions judge in the Sealdah court had framed charges under the Bharatiya Nyaya Sanhita Sections 64 (rape), 66 (causing death or pushing a person to persistent vegetative state) and 103(1) punishment for murder.
The Supreme Court had on September 17 orally observed that the CBI investigation into the rape and murder had revealed several sordid details that were “worse and disturbing” but refused to make public the facts, lest those allegedly involved or complicit in the destruction of evidence got alerted.
“The status report of the CBI shows disclosing the investigation will jeopardise the line of investigation and let me assure you that it is to unearth the absolute truth…. Apart from principal, the SHO is also arrested (referring to the officer in charge of Tala police station). So let us wait. We have seen the status report. The CBI has replied to issues such as whether challan in statutory form was submitted for post-mortem… it is exploring if there is a likelihood of the scene of crime being tampered, complicity of any other person, evidence if any being destroyed, etc. It will be unwise for us to disclose anything further,” Chief Justice Chandrachud had told the lawyers representing all sides.
Solicitor general Tushar Mehta, appearing for the CBI, had also endorsed the bench’s views and said any such disclosure would only help the accused.
