The Supreme Court on Thursday declined to pass any direction to the trial court in Sealdah to frame additional conspiracy charges in the RG Kar rape and murder case or transfer the trial.
The apex court also asked all states and Union territories to file their response within three weeks on the recommendations of the National Task Force (NTF) to prevent violence against doctors and other members of the medical community across the country.
A bench headed by Chief Justice D.Y. Chandrachud orally observed regarding the RG Kar case: “CBI status report submitted has indicated that it is conducting extensive investigations into various financial and other irregularities. It is not appropriate to make any detailed reference to the nature of investigations which is being carried out at present. If there is more evidence, the CBI would file a supplementary chargesheet.”
The bench, which included Justice J.B. Pardiwala and Justice Manoj Misra, turned down the plea of an intervener in the case to transfer the case out of Bengal.
“Yes, we have done it in cases like Manipur, when we had transferred the trial to Assam. But we are not doing anything like that here. No such transfer,” the bench said.
The apex court said the additional sessions judge in the Sealdah court, a high-ranking district-level judicial officer, has the power to reframe charges or frame additional charges.
So no directive can be given to the trial court to frame additional charges of conspiracy, as sought by a lawyer, the bench said.
“We have seen the 6th status report filed by CBI which indicates that on November 4, the Additional Sessions Judge has framed charges punishable under Section 64, 66 (relating to rape) and 103 (1) (murder) of BNS. The next date fixed by the trial court… is November 11. Since investigation is underway, we refrain from making observations. Let an updated status report be filed after 4 weeks by the CBI,” the bench said in an order.
Senior advocate Kapil Sibal, appearing for the Bengal government, said the state, too, wants an expedited trial and the guilty punished soon.
“We are very keen that this case be taken forward very quickly. This is very important. The state believes that the person involved should be punished as quickly as possible,” Sibal submitted.
An advocate said people in Bengal are losing faith in the police and the judiciary in the state. The CJI cut short the submission saying: “Do not make such general statements. There is no such thing at all.”
Kanu Agrawal, the standing counsel of the central government, placed before the bench the sixth status report of the CBI and a report containing recommendations of the court-appointed National Task Force (NTF).
The NTF report, Agrawal said, has three divisions — containing short-term, medium-term and long-termmeasures.
After perusing the report in the open court, the bench said: “The NTF has formulated its recommendations on the prevention of violence against medical professionals and creating safe work space and another one is prevention of sexual violence against medical professionals. NTF states that all states, UTs must follow the report.
“Thus, we direct that copy of the report shall be made available to all counsels, to all chief secretaries of States, UTs and in case some recommendations are sought to be made by the States/UTs, they may be made through the standing counsel.”
The bench granted three weeks to file the response.
Senior advocates Indira Jaising and Karuna Nundy, representing various doctors’ associations, said the NTF report has no details on any “monitoring mechanism”.
The bench said the doctors’ associations are free to give their suggestions.
The bench had constituted the 14-member NTF on August 20, following the rape and murder of a junior doctor at RG Kar Medical College and Hospital, to “formulate protocols” to prevent rape and sexual harassment of female medical personnel and attacks on members of the medical profession.Central government standing counsel Agrawal told the court that the recommendations were approved by all 14 members of the NTF.
