Kolkata Rape and Murder: SC Voice Concern over Missing “Challan” with Post-Mortem Report
Manas Dasgupta
NEW DELHI, Sept 9: The Supreme Court on Monday voiced concern over the absence of a key document that was needed for the post-mortem of the trainee postgraduate doctor at the RG Kar Medical College and Hospital in Kolkata and asked the Central Bureau of Investigation (CBI) to investigate into it, even as the central agency has flagged several roadblocks in completing its investigations into the horrific crime that has created nation-wide outrage.
The top court also directed the protesting resident doctors in West Bengal to resume work by 5 p.m. on Tuesday with an assurance that no adverse action shall be taken against them on resumption of work. The court passed the direction after the West Bengal Government assured it that no action, including punitive transfers, shall be taken against the protesting doctors on resumption of work.
The key document necessary for post-mortem came under the spotlight as the Supreme Court resumed hearing the Kolkata doctor’s rape and murder case. Chief Justice of India DY Chandrachud questioned where the challan was and sought an answer from the CBI and the West Bengal Government pointing out that an autopsy cannot be carried out without it. Senior Advocate Kapil Sibal, appearing for the West Bengal government, submitted that he could not find the document immediately and would get back to the court on this question.
The question came up after an advocate appearing in the matter asked if the clothes of the victim were produced during the autopsy. The Chief Justice then asked about the document when the body was handed over for autopsy after the inquest. When Mr Sibal said he is not immediately able to locate it, the Chief Justice replied, “It is important because it has a column showing what clothes and articles were sent along with the body, we want to see that.”
“Where is the challan of the body when it was handed over for a postmortem?” the bench also comprising Justices J.B. Pardiwala and Manoj Misra asked. Solicitor General Tushar Mehta, appearing for the CBI, informed the bench that the challan was not part of their records. The court also flagged at least a 14-hour delay by Kolkata Police in registering FIR in a rape and murder incident. The top court directed the CBI to submit a fresh report by September 17, 2024 on the probe in the case.
The post-mortem team, the Chief Justice said, will not accept the body without the challan. “That is why we want to see it.” Mr Sibal requested the court for more time. “We will submit it to the court. What I am told is that CJM (Chief Judicial Magistrate) filled it up himself and sent it,” he said. “Was the post-mortem carried out without the request form at all,” the Chief Justice asked, and Solicitor General Mehta added that is not possible because it is a statutory form.
Justice JB Pardiwala, who was on the three-judge bench along with the Chief Justice and Justice Manoj Misra, pointed to the post-mortem report. “See the third column on the top, the constable (who brought the body) is supposed to carry this (form). It has been struck off. So there is no reference of this challan when the dead body is sent for examination. You need to explain, if this document is missing, then something is amiss,” he said.
The Chief Justice then said that the CBI should ask for this document from the Bengal government too. An advocate appearing before the bench said this document was submitted during the hearing in Calcutta High Court. The Solicitor General of India then questioned, “In the absence of mention in the post-mortem report, the possibility of it having been created subsequently cannot be ruled out.” Mr Sibal replied, “Nothing is being created subsequently. We will file an affidavit.”
“The court has been apprised of challan when the body is examined. CBI states that the above challan duly filled in is not a part of the case file handed over to the CBI. Faced with the above, the advocate appearing for one of the petitioners before the high court says the form was produced before the high court,” the court said in its order, adding that the counsel appearing for the Bengal government do not have the document. “Copy of the form duly filled in will be submitted on the next date of hearing,” the order adds.
The apex court also directed immediate removal of photographs of the victim from all social media platforms to protect the dignity and privacy of the deceased. On the issue of security of medical institutions in the State, the Supreme Court said, “All DMs, SPs in West Bengal should take stock of the situation to ensure the safety and security of Government medical colleges”.
Earlier in the day, the court studied the status report of the CBI filed in a sealed cover by the Solicitor General. “A status report has been filed by CBI, it appears that investigation is in progress, we direct the CBI to file fresh status report…We don’t want to guide the CBI on its investigation,” the bench said.
The CBI official has talked about some of the factors that have proved to be roadblocks as it tries to unravel this heinous case. The CBI official said they were unable to join several dots due to lack of evidence from the crime scene and this has affected the investigation. The central agency found that Dr Ghosh ordered the demolition of a restroom and a toilet near the seminar room on August 10, the day after the body was found. The CBI official said it is suspected that key pieces of evidence were lost when the Public Works Department carried out demolition in the area.
A video that emerged on social media showed the seminar room crowded with people soon after the victim’s body was found. Questions on whether the crime scene was compromised were also raised after the mob violence in the hospital on the night of August 14.
Kolkata Police, however, has stressed that the crime scene was intact. “A video has gone viral showing the place of occurrence. This is a clarification. The body found in the seminar hall was in one portion of the seminar hall. 40 feet of the room was cordoned off. The video is outside the cordoned-off area where family members, doctors and the police were present,” a Kolkata Police spokesperson had said. Earlier, after the mob violence, the cops had said the crime scene was intact and warned against spreading fake news.
The CBI official blamed lack of evidence for affecting the investigation. “There is a lack of evidence in this case. That is the reason why our detectives are unable to come to a conclusion. Circumstantial evidence, questioning of people and the DNA evidence do not show involvement of multiple persons in the sexual assault on the woman,” the official said.
He said the DNA tests found a match between the victim and Roy. “Separate DNA profiling on samples gathered from the victim and Roy and the DNA comparing with other seized evidence from the crime scene also corroborated the CFSL report,” the official said. But the lawyer representing Sanjoy Roy has said he had been framed to shield the actual criminals.
The investigation into the rape and murder case has opened a can of worms and unearthed massive corruption in the hospital. While Mr Ghosh and three others have been arrested, the CBI official said they have found more names. “More people were involved in the irregularities which were carried out in a well-planned manner,” he said, adding that in some cases, there were no footprints of financial misconduct.
The central agency has told a court Dr Ghosh played a vital role in siphoning off funds and was behind 84 illegal appointments during his tenure as principal from 2022 to 2023. The Enforcement Directorate is conducting a simultaneous investigation of the alleged financial irregularities. It has found that the former principal and his wife own a luxurious bungalow in South 24 Parganas district and more property.
The Supreme Court has now asked the CBI to file a fresh report in the case next Tuesday. The central agency today flagged the forensic report in the case and said “who collected the samples” has emerged as a relevant question. Solicitor General Mehta said the central agency had decided to send samples to the All India Institute of Medical Sciences in Delhi.
“We have forensic examination report and one thing is admitted that when the girl was found at 9:30 am, her jeans and undergarments were removed and lying nearby… semi-nude and injury marks also on body… they have taken samples, they have sent to CFSL in West Bengal. CBI has taken a decision to send the sample to AIIMS,” he said. Without explicitly mentioning the findings, the Solicitor General says, “Person enters, girl is nude and this is the result of FSL. So who took the sample is relevant.”
On Sunday night, thousands gathered in Kolkata and across the globe, demanding justice for the victim. These demonstrations were part of a larger wave of protests, organised under the banner of “Reclaim the Night,” a movement calling for safety and justice for women in public spaces.
From the streets of Kolkata to the cities of Europe, Asia, and the United States, the global Indian community rallied for justice Sunday night. Over 130 protests took place in 25 countries, including major cities like Stockholm, Sydney, and New York. Protesters – many clad in black -held vigils, sang in Bengali, and chanted slogans in solidarity with the victim.
The streets of Kolkata were transformed into protest sites as men and women, young and old, took to the streets to demand justice. From forming human chains to holding burning torches, protesters expressed their anger and sorrow for the victim, who they symbolically named “Tilottama” or “Abhaya.”
“Whenever I think about the torment, the pain experienced by my daughter on that night, I shudder. She had dreams to serve society. Now, all these protesters are my children,” the victim’s mother said at a rally in Kolkata. A 14-kilometre-long human chain stretching from Shyambazar in North Kolkata to the suburb of Sodepur was also organised. Thousands of citizens, including rival football fans from East Bengal, Mohun Bagan, and Mohammedan Sporting, stood shoulder to shoulder, united in their call for justice.
The hearing in the top court also brought fresh focus on the role of police and has escalated the BJP demand for the dismissal of the city’s police chief Vineet Goyal. Chief Minster Mamata Banerjee has played for time. The police chief, she said, cannot step down immediately in view of the coming Durga Puja, which calls for special stress on law and order.
“Kolkata Police Commissioner has come to me several times last week and offered to resign,” Ms Banerjee said. “We have pujo coming up. Someone who is aware of law and order has to be there. If you have patience for a few days, will it be a Mahabharat (big deal)?” she added.
Following the arrest of Sandip Ghosh, the former Principal of RG Kar Medical College, the next big demand of the protesters has been the resignation of the police chief. The Opposition parties have thrown their weight behind it.
