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Supreme Court Hearing on RG Kar Case - Key Developments

“Justice and Medicine cannot afford to be stopped”

Kolkata, August 22, 2024 — The Supreme Court of India has been addressing the brutal RG Kar Hospital Rape and Murder case examining allegations against the former principal, Dr. Sandip Ghosh. The case involves serious claims, including the mismanagement of dead bodies, selling biomedical waste, and misuse of funds by Dr. Ghosh.

Previous hearing update: Supreme Court Demands Action After Shocking RG Kar Hospital Rape and Murder

Key Points from Today's Hearing:

Delay in FIR Registration: Chief Justice DY Chandrachud questioned the 14-hour delay in lodging the First Information Report (FIR). He asked, "What is the reason for the delay? The principal should have filed the FIR immediately upon discovering the issues. Who was he protecting?" The court is concerned about procedural negligence and liability of the officials.

The Central Bureau of Investigation's (CBI) report highlighted significant inconsistency in the timeline of the investigation into the rape-murder case of a woman doctor at RG Kar Medical College in Kolkata. The Supreme Court, led by Chief Justice of India DY Chandrachud, raised concerns regarding delays in the procedure, particularly focusing on the timing of the First Information Report (FIR) and the post-mortem examination.

Key points from the discussion in court regarding the significant inconsistencies in the timeline of the investigation into the rape-murder case:

Delayed FIR Registration: The Solicitor General (SG) pointed out that the FIR was registered after the victim's cremation, which occurred on the night of August 9, 2024, at 11:45 PM. This was several hours after the crime had been reported.
Post-Mortem Timing: The post-mortem examination was conducted between 6:10 PM and 7:10 PM on the same day, preceding the formal registration of the FIR and the General Diary (GD) entry of unnatural death. Justice JB Pardiwala found it "very surprising" that the post-mortem was carried out before the official recording of the case, which typically should be done before such an examination.
Allegations of Procedural Irregularities: The court noted that the General Diary entry of the crime was made at 10:10 AM, and despite an initial opinion suggesting possible choking and sexual assault, the formal investigation and post-mortem were delayed until later in the day. The sequence of events raised questions about whether the crime scene and subsequent procedures were handled appropriately, with suggestions of possible cover-ups or evidence tampering.
Suspicion on Police Conduct: Justice Pardiwala expressed serious concerns about the conduct of the Assistant Superintendent of Police, whose actions were described as "very suspicious." The court questioned why the police did not immediately treat the incident as an unnatural death and why there were delays in securing the crime scene.

These inconsistencies and the questionable handling of the investigation led the court to scrutinise the procedure of the case, emphasising the need for a thorough and transparent investigation by the CBI.

Peaceful Protests: The Supreme Court emphasised that while the state can exercise its lawful powers, it must make sure that peaceful protests are not disturbed. Chief Justice Chandrachud stated, “This court has not restrained the state from using lawful powers, but peaceful protests should not be disrupted.”

Illustrative image showing 2 person taking a test

Investigation and Polygraph Tests: The CBI is tasked with investigating the death at RG Kar Hospital, while the Kolkata Police are handling the vandalism related to the protests. The court has instructed the special city court Additional Chief Judicial Magistrate (ACJM) Sealdah to decide on the application for polygraph tests on the accused by 5 PM tomorrow.

The special city court in Kolkata on Thursday gave permission to the Central Bureau of Investigation (CBI) to conduct lie detector tests on Dr. Sandip Kumar Ghosh and four others. The CBI asked for this because they believe that all five people might not be sharing all the facts about the case.

National Task Force (NTF) Recommendations: The court has directed the NTF, formed to address the broader issues highlighted by this case, to consult all relevant stakeholders. Recommendations include establishing a distress call system, institutional FIR registration, and a compensation fund for distress. The NTF is expected to consider these suggestions.

Portal for Suggestions: The Chief Justice has ordered the Union Ministry of Health to create a portal where stakeholders can submit their suggestions regarding safety and procedural improvements.
Doctors' Safety and Work Resumption: The court has addressed concerns about the safety of doctors, ensuring no forceful actions will be taken against them once they return to work. The Chief Justice stressed, “Doctors should resume work and then report if there are any issues. No adverse action will be taken for past protests.”
Political Statements and Protests: The Chief Justice and the Solicitor General cautioned against politicising the situation, emphasising that legal procedures must be followed. Statements from political leaders about violence or threats were noted but not directly addressed in the orders.
Future Measures: The court directed the Union Health Ministry to work with state authorities to implement basic safety measures for medical professionals. A meeting between the Health Secretary, Chief Secretary, and Director General of Police is to be held within a week, with remedial measures to follow within two weeks.

In conclusion, the Supreme Court is taking a comprehensive approach to ensure justice and safety while balancing the need for orderly investigations and the right to peaceful protest. The ongoing scrutiny and directives aim to address both immediate concerns and long-term reforms in medical and institutional safety.

On the other hand:

Kolkata: Akhtar Ali, a former Deputy Superintendent at RG Kar Medical College and Hospital, has initiated legal action against Sandip Ghosh, the hospital’s former principal, alleging involvement in a range of serious scandals. Ali's criminal case, filed in the Calcutta High Court, seeks to expose what he describes as a significant network of corruption led by Ghosh.

According to Ali, Ghosh is implicated in various illegal activities, including the trafficking of biomedical waste, improper handling of deceased bodies, and extorting bribes.

Ali claims Ghosh sold used syringes, hand gloves, and other medical waste to Bangladeshi citizens, violating disinfection norms. Additionally, Ali alleges that Ghosh sold bodies without proper consent and failed students who did not pay bribes. Ali asserts that despite his complaints and attempts to file a First Information Report (FIR), the police refused to act, prompting him to take his case to the High Court.

Ali's allegations point to several potential violations under the forthcoming Bharatiya Nyaya Sanhita (Indian Penal Code 2024):

Trafficking of Biomedical Waste:
Section 312 (Trafficking of Prohibited Goods): If proven, Ghosh could be charged under this section for illegally selling hazardous medical waste.
Illegal Selling of Bodies:
- If Ghosh is found guilty of selling bodies without consent.
- Section 302 (Murder) or Section 304 (Culpable Homicide): These sections might be considered if the illegal sale of bodies involves actions leading to death.
Bribery and Corruption by Public Servants
(Bribery and Corruption by Public Servants): This would address charges if Ghosh is proven to have taken bribes for awarding contracts or work orders.
Criminal Conspiracy:
Section 120B (Criminal Conspiracy): This provision would apply if Ghosh was part of a conspiracy to commit the aforementioned offences.
Police Refusal to Accept FIR:
Section 166A (Public Servant Disobeying Law): This section addresses cases where public servants, including police officers, refuse to accept or act on an FIR.

Ali has also claimed to have received threats related to the case and has requested the High Court to ensure his safety. He believes that exposing this network of corruption is important for preventing further wrongdoing and ensuring justice.

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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.