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RG Kar Suo Motu Case - Supreme Court Hearing Updates

CJI: "How can that be? Women do not want concessions, but equal opportunities... women doctors are willing to work in all conditions. They must work in all conditions... State of West Bengal has to correct it. You cannot say that women doctors cannot work beyond 12 hour shift and not at night... armed forces, etc. all work at night, which includes women," “We cannot tell any woman today in our country, who is in the workforce, that you will not work at night”

Background: What Happened So Far

Before the September 17 hearing, several key events had taken place in the case:

The CBI arrested two individuals, Sandip Ghosh and Abhijit Mondal, for allegedly destroying evidence and delaying the filing of the FIR. They were remanded to CBI custody until September 17.
The Supreme Court had ordered the CBI to provide an updated status report by September 17 and emphasised that the investigation should proceed without court interference.
The CBI had sent forensic samples from the victim to AIIMS and other laboratories for analysis.
The doctor's strike in West Bengal had resulted in 23 deaths and over six lakh people being deprived of medical care. The healthcare system was under severe strain.
The Supreme Court had warned protesting doctors to return to work by 5 pm on September 10, assuring them that safety measures, including separate duty rooms and CCTV, would be ensured.
The court noted that doctor-led protests had spread across West Bengal without police permission, disrupting public health services and resulting in incidents of vandalism.
The Supreme Court had established a 10-member National Task Force to create protocols for protecting doctors and healthcare workers.
The court had criticised the Kolkata Police for delays in registering the FIR and handling the case.
The Supreme Court had questioned the sequence and timing of legal formalities, including the registration of the FIR and the post-mortem, and expressed surprise at the handling of the case.
The court had directed the Union Health Ministry to open a portal for safety suggestions for doctors and ordered the Health Ministry to collaborate with state officials to ensure healthcare professionals' safety.

Directions Issued by the Supreme Court in the Previous Hearing

In the previous hearing on September 9, a three-judge Bench headed by Chief Justice of India D.Y. Chandrachud issued an ultimatum to protesting doctors to rejoin duty by 5 p.m. the next day. The Bench also sought a confidential status report from the Central Bureau of Investigation (CBI) on the progress made in the probe into the crime. Additionally, the Court directed the State to implement safety measures for doctors at work without waiting for the Supreme Court's National Task Force to submit its report on reforms.

Hearing on September 17, 2024

The hearing began with a Bench led by Chief Justice D.Y. Chandrachud. Senior advocate Kapil Sibal, appearing on behalf of the West Bengal government, objected to the live-streaming of the proceedings, citing guidelines issued by the Supreme Court in Swapnil Tripathi v. Union of India (2018) that cautioned against live-streaming sensitive and sexual assault cases. However, the Chief Justice refused to halt the live-streaming, asserting that it was a matter of public interest.

CBI Files Fresh Status Report
The CBI filed a fresh status report, which was pursued by the Bench. The Chief Justice questioned why the chargesheet in the case was not filed within 60 days as mandated. Solicitor General Tushar Mehta, appearing for the CBI, clarified that since it was a case of rape and murder, the timeline to file a chargesheet was 90 days.
CJI Urges Petitioners to Give CBI Time to Investigate the Truth
The Chief Justice urged the petitioners to give the CBI time to complete the investigation, stating that revealing the line of investigation could jeopardise the probe. He emphasised that the CBI was looking at various issues, including the scene of crime tampering, complicity of other persons, and tampering of evidence.
CBI Points Out Disclosure of Victim's Identity on Wikipedia
Solicitor General Tushar Mehta pointed out that the name and picture of the victim had been disclosed on Wikipedia despite the previous Supreme Court order. The Chief Justice remarked that this amounted to breaking the law and ordered Wikipedia to take down the name and photos of the victim.
CJI Expresses Concern over CBI Findings
The Chief Justice expressed concern over the CBI's findings, stating that the court was "very disturbed" by the revelations. He flagged that the court was apprised that only 27 minutes of the CCTV footage had been handed over to the CBI by the Kolkata police.
SC Directs Wikipedia to Take Down Victim's Identity
The Supreme Court ordered Wikipedia to take down the name and photos of the victim, citing the need to maintain the dignity and privacy of the deceased.

Illustrative image showing SC hearing in zoom call

Other Key Updates

₹100 crore has been allocated for hospital infrastructure improvements.
910 additional women police personnel are undergoing training for deployment at government hospitals and medical colleges across West Bengal.
The Court directed that representatives from both senior and junior doctors should be included in teams led by district collectors and superintendents of police in each district to develop infrastructure in public hospitals and medical colleges.
The Court raised concerns over the deployment of contractual workers as part of the "Rattirer Sathi" scheme, noting that a civil volunteer is currently implicated in the crime.
The Chief Justice criticised the State's August 19 notification, which recommends that women should "preferably" not work beyond 12 hours or take night shifts, stating that such concessions are unnecessary and that gender equality should be upheld.
The West Bengal government assured that no punitive action would be taken against protesting doctors if they resume work.

References:

Written by Seersha Chaudhuri

Driven legal professional with a BA LLB and a knack for writing and media reporting. Previously, I’ve crafted legal documents and managed court proceedings at Terkiana PC, focusing on immigration law. I’m also brushing up on my Spanish with Duolingo—learning a new language has never been this fun! Eager to blend my expertise in legal research with my passion for global policy and creative writing. Apart from being a professional, I am a full time lover of fish, dystopian fiction and Brooklyn 99.