The Calcutta High Court has transferred the investigation into the brutal rape and murder of a 2nd year PG medical student at RG Kar College and Hospital, to the Central Bureau of Investigation (CBI). On Tuesday, the Chief Justice’s Division Bench heard multiple Public Interest Litigations related to the incident. During the hearing, the Chief Justice questioned the manner in which the College Principal Sandip Ghosh was given a fresh appointment within hours of resigning his position.
Later in the day, CBI took over over the investigation. “The CBI has taken over the Kolkata rape and murder case and is sending a specialised medical and forensic team from Delhi to Kolkata,” news agencies quoted officials as saying. The Division Bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya also heard a plea by the parents of the victim, seeking transfer of investigation to an independent agency.
Expressing concerns over the progress of the investigation under the State police, the bench held: “The parents of the victim have an apprehension that if the investigation is allowed to continue in this manner, it will derail. Therefore, they pray for extraordinary relief.
“One more disturbing aspect is that a case of unnatural death was registered. It is submitted that such cases are registered when there is no complaint. When the deceased was a doctor in the same hospital, it is surprising why the principal did not lodge a complaint. There has been no significant progress in the investigation.
“The administration was not with the victim or her family. The principal has not even given a statement. Without significant progress in the investigation, we would be well justified in accepting the prayers by the victim’s parents that evidence would be destroyed. Therefore, we transfer the investigation to the CBI to do justice between parties and to inspire public confidence.”
The parents of the deceased were represented by Senior Advocate Bikash Ranjan Bhattacharya, who submitted that they initially received a phone call claiming that she had fallen sick and upon reaching the col college were told that she had committed suicide, but were not allowed to see her body for up to three hours while waiting there.
Bhattacharya submitted that when the parents saw their daughter’s body for identification, they were convinced that the incident could not have been a suicide due to the gruesome nature of the injuries. The senior counsel prayed that the matter be immediately transferred to the Central Bureau of Investigation (CBI) since crucial evidence could be destroyed with the passage of time.
Counsel appearing for other petitioners submitted that Dr Sandip Ghosh, who was the principal of the medical college had resigned from his post claiming “moral responsibility” but was within a few hours appointed as principal of the Calcutta National Medical College, another Government college.
Taking exception to such occurrences, the Court remarked: “If the principal has stepped down owing moral responsibility, it is rather serious that he is rewarded within 12 hours with another appointment. There is an apprehension that with lost time there is something that will go wrong. No man is above law, how did he step down and then be rewarded with another responsibility? The principal is the guardian of all doctors working there, if he doesn’t show any empathy who will show? He should be at home not working anywhere. So powerful that a Government counsel is representing him? The principal will not function. Let him go on a long leave. Otherwise, we will pass an order.”
In response to the allegations, the State submitted that they had been carrying out a thorough investigation and that there was no scope for any further probe. It was submitted that a case of unnatural death was registered since there was no complaint registered when the deceased’s body was found. It was submitted that though a complaint could have been filed by officials or the principal, none was received.
The court expressed concern over the fact that the case was registered by the police as an unnatural death and remarked that the principal or authorities of the college had not done anything in their power to aid in the probe. It thus directed for the principal to be placed on indefinite leave till further orders. In noting that a report could be called for by the state police under normal circumstances, the court noted the peculiar nature of facts in this case and acceded to the parents’ prayer that any further delay would lead to destruction of evidence.
Thus, it handed over the investigation to the CBI and listed the matter for further hearing after three weeks. The High Court also asked the police to hand over all the documents related to the case to the central probe agency immediately. The HC also urged the agitating doctors to call off the strike, saying they have a ‘pious obligation’ on the part of doctors to treat their patients.
