West Bengal Pledges Fast Justice in RG Kar Medical College Rape and Murder Case: Those Responsible Must Face Punishment Quickly.
- During the Supreme Court hearing on the suo moto case regarding the rape and murder of a postgraduate trainee doctor at R.G. Kar Medical College & Hospital, Senior Advocate Kapil Sibal, representing West Bengal, assured that the case would proceed swiftly. He highlighted the state’s dedication to delivering quick justice, stating, “We want this case to move forward rapidly… the State believes that the responsible individual should be punished as soon as possible.” The Bench, which included Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, acknowledged the report from the National Task Force (NTF).
At the beginning of the session, Advocate Kanu Agrawal, representing the CBI, presented an updated status report to the Bench. He also provided a copy of the NTF report. Advocate Vrinda Grover, representing the victim’s family, informed the Bench that charges had been filed against the main suspect in the case. After reviewing the CBI’s sixth status report, the Court noted that on November 4, the ASJ Sealdah had framed charges against the accused, Sanjay Roy, with the next hearing scheduled for November 11. The Court stated, “As the investigation is ongoing, we will not make any comments. An updated status report should be submitted in four weeks.”
In response, Senior Advocate Kapil Sibal reiterated, “We are very keen that this case be taken forward very quickly… the State believes that as quickly as possible, the person who is involved should be punished.”
The Court reviewed the NTF report and noted that it made recommendations in two areas: 1) Preventing violence against medical staff and ensuring safe work environments; 2) Preventing sexual violence against medical staff. To implement these recommendations, the first category has been divided into short-term, medium-term, and long-term actions. The NTF advised that healthcare institutions and States/UTs should adopt all measures. The Court ordered that the report be shared with all lawyers and sent to the Chief Secretaries of all states/UTs.
Senior Advocate Vivek Sood, representing one of the petitioners, asked the Court to move the trial out of West Bengal. However, the Court responded, stating, “We cannot doubt our own judicial system. Let the trial proceed in West Bengal; we will not shift it or stop it.” After considering the arguments, the Court set the next hearing for four weeks later. Notably, on October 15, the Bench instructed West Bengal to provide detailed information about the legal framework, qualifications, deployment, and pay of civic volunteers in state institutions, including hospitals. The Court also examined the progress of investigations and security measures, questioning the state’s use of volunteers in sensitive roles.
On September 30, the Court inquired about the status of installing CCTV cameras, building toilets, and creating separate rest areas in the medical college. The Bench expressed concern, saying, “Why is the progress so slow? We have been discussing this for a while.” It also requested an update from the ‘National Task Force.’
On September 17, the Bench requested the Health Secretary to inform the Court about the security measures in place at the hospital. Earlier, on September 9, the Court instructed the State of West Bengal to present the challan form (WB Form 5371) that details the body’s dispatch for postmortem related to the rape and murder of a postgraduate trainee doctor at R.G. Kar Medical College & Hospital, Kolkata, which occurred on August 9, 2024. Additionally, on September 3, the Ministry of Home Affairs (MHA) submitted an application to the Supreme Court, highlighting that Central Industrial Security Force (CISF) personnel lack proper housing and basic amenities in West Bengal. The MHA noted that the absence of accommodations, security equipment, and transportation has made it difficult for duty personnel, especially female officers, to perform their tasks effectively. The MHA also mentioned that they raised concerns about the lack of accommodations, including separate facilities for women, and inadequate logistics with the Chief Secretary of West Bengal, but received no response.
The MHA expressed disappointment, stating that such non-cooperation is unacceptable from a state government during a critical time. They emphasized that ensuring the safety of doctors, particularly female doctors, should be a priority for West Bengal. The MHA described the state’s inaction as indicative of a deeper issue, pointing out that there has been a lack of cooperation with central agencies despite multiple requests. On August 22, the Court encouraged doctors to return to work following the tragic incident involving the postgraduate trainee doctor at R.G. Kar Medical College & Hospital.
The Court raised concerns about how the West Bengal police have managed the case during the pre-lunch session. Justice Pardiwala noted, “I have never seen a procedure like this in my 30 years of experience.” The Court had previously shown disappointment with West Bengal’s response to the vandalism at the protest site. It ordered the creation of a “National Task Force” to suggest ways to protect medical professionals. The Court also instructed the deployment of the Central Industrial Security Force (CISF) to ensure the safety of resident doctors, especially female doctors, at RG Kar Hospital. Additionally, the Court highlighted the absence of safety measures in medical facilities against violence and sexual assault. On August 20, the Supreme Court directed the removal of all social media content related to the trainee doctor who was tragically raped and murdered at RG Kar Medical College Hospital, Kolkata. On the same day, the Calcutta High Court permitted a protest called ‘Abasthan’ against the doctor’s rape and murder that occurred on August 9 at RG Kar Hospital. Advocate Ujjawal Gaur, from the Supreme Court Bar Association, wrote to the Chief Justice of India requesting urgent action in the case of the young doctor at RG Kar Medical College & Hospital, Kolkata.
Cause Title: In Re: Alleged Rape and Murder Incident of a Trainee Doctor in R.G. Kar Medical College and Hospital, Kolkata and Related Issues [SMW (Crl) No. 000002/2024]
