Kolkata rape and murder case | ‘Set up an Independent Monitoring Committee, NTF not enough,’ demand stakeholders

In Re: Alleged rape and murder incident of a trainee doctor in R.G. Kar Medical College and Hospital, Kolkata and related issues | Day 8

Today, a Division Bench of Chief Justice Sanjiv Khanna and Justice P.V. Sanjay Kumar heard the suo-moto matter pertaining to the sexual assault and murder of a trainee doctor in Kolkata’s R.G. Kar Medical College and Hospital on 9 August 2024. This was the first time that a bench led by CJI Khanna heard the matter.

The Court heard updates from the Central Bureau of Investigation (CBI) on the three separate issues that the central agency is investigating: (a) on the rape and murder of the trainee doctor, (b) on subsequent suppression of evidence, and (c) on financial irregularities in the R.G. Kar hospital.

On 7 November, the Court, when the case was being heard by a bench of CJI Chandrachud, had directed stakeholders to submit suggestions to the Court-appointed National Task Force on the basis of its report. Today, the Court reiterated that direction and directed stakeholders to submit suggestions to the NTF. The NTF, composed of medical professionals, was tasked with formulating “effective recommendations to remedy the issues of concern pertaining to safety, working conditions and well-being of medical professionals…”.

Senior Advocates Indira Jaising and Karuna Nundy, representing the Junior and Senior Doctors Associations, insisted that the Court set up an independent monitoring body to oversee that all suggestions are implemented by the West Bengal government. The Court stated that for the time being, the recommendations should be sent to the NTF only. This, as submitted by Solicitor General Tushar Mehta, is to be sent to suomotowrit@gmail.com.

This being CJI Khanna’s first time hearing the matter, several discussions were around clarifying the context of certain steps which had already been taken by the Court. As the Court transitions following former CJI Chandrachud’s retirement, CJI Khanna inherits the R.G. Kar case.

CBI: Rape and murder, and evidence destruction trial will be likely concluded in one month

Senior Advocate Vrinda Grover, representing the victim’s parents, provided certain updates on the CBI investigations so far. Broadly there are two separate cases being heard in two separate lower courts.

The first case pertains to the rape and murder of the lady trainee doctor, and the destruction of evidence following the incident. Accused persons for each of the two offences are being tried at the Special CBI Court, Sealdah on a daily basis from Monday to Friday. Further, she submitted that the trial will possibly conclude in a month pointing out that over half of the witnesses (43 out of 81) have been examined so far. The victim is being represented by a legal aid lawyer at the trial court.

Mehta also submitted that the 90 day judicial custody of the two accused persons in the evidence destruction case—the former director of R.G. Kar hospital Sandeep Ghosh, and former officer in charge of Tala police station Abhijit Mondal will get over on 13 December 2024. He informed that the supplementary chargesheet in the evidence destruction case is yet to be filed.

“The victim’s parents are, as my lords can understand, continue to be in an extremely traumatised condition,” Grover said, “And the only hope of any closure is through justice. And they can see that the trial against the accused here is proceeding.” She also clarified that the parents are being regularly updated about the hearings.

The second category pertains to the financial irregularities in the R.G. Kar hospital which is being heard in a separate court. Mehta stated that they were waiting for sanction from the West Bengal government on this case since the accused persons were public officials. Senior Advocate Kapil Sibal, representing the state government countered that he had not received any documents. As both sides burst into argument over the exact dates on which chargesheet was filed and sanction sought, CJI Khanna brought order by requesting Sibal to “please take it up.”

Jaising: Independent monitoring for implementing NTF’s recommendations

In its last hearing, the CJI Chandrachud led bench had instructed all stakeholders to give suggestions on the report of the NTF. Further, all states and Union Territories were asked to reply to the report. The NTF report was submitted a month ago on 4 November. On finding that all stakeholders had not replied to the report, CJI Khanna sought for an explanation. To this, Jaising explained that there was confusion and the stakeholders expected that a more finalised report of the NTF would be replied to. It was clarified that responses have to be framed around the 4 November report. Based on the suggestions, a final report will be prepared by the NTF and submitted within 12 weeks.

Jaising then noted that while the NTF was concerned with a more nationwide mandate, there was a need for an independent body that specifically supervised the implementation of suggestions applicable for West Bengal. Stakeholders had raised a similar concern on CJI Chandrachud’s last time hearing the matter too.

“Our problem is the suggestions on paper appear to be excellent,” Jaising said, “The question is, most of them are directed to dereliction of duty by the state. Therefore, who is going to monitor the state? And my request to this Honourable Court…has been, please set up an independent monitoring committee, who will monitor the performance of the state in implementing the recommendations of the task force.”

CJI Khanna, much similar to CJI Chandrachud, did not address the recommendation directly and directed the stakeholders to share their replies and suggestions to the NTF’s report.

Counsel: Contrary to Court’s direction, adverse action against AIIMS Delhi doctors

On 22 August 2024, the Court requested protesting doctors nationwide to return to work and directed the hospital authorities to not take any coercive action against those who were protesting in the past few days.

Today, a counsel representing certain doctors from All India Institute of Medical Sciences, Delhi, informed that despite the Court’s direction, punitive action was taken against the doctors even though they called off the strike immediately following the Court’s direction. He noted that, unlike AIIMS Delhi, protests at AIIMS Gorakhpur, AIIMS Kalyani and Post Graduate Institute of Medical Education & Research, Chandigarh, three other public hospitals were counted “on-duty” hours. This, the counsel explained, has ramifications on doctors appearing for their post-graduate exams, since those hours would be discounted from their total duty hours, thus affecting their eligibility.

Mehta and the counsel for AIIMS Delhi submitted that the matter was under consideration internally, and assured the Court that if there was indeed a violation of the judicial order, they shall ensure that the protesting doctor’s request is approved. The Court noted that the issue of the AIIMS doctors would be heard after ten weeks.

CJI Khanna noted that the R.G. Kar matter will next be heard on 17 March 2025.