'How Was Autopsy Done Without Formal Request': SC Raps Bengal Govt Over Missing Document In Kolkata Rape Case

The Supreme Court on Monday rapped the West Bengal government over the post-mortem procedure of the Kolkata trainee doctor without a challan (a formal request letter).

“Where is the challan of the body when it was handed over for post-mortem? How was the post-mortem carried out in the absence of a formal request?”, Chief Justice DY Chandrachud asked, as the court heard a suo motu case in the doctor’s rape and murder at the RG Kar Medical College and Hospital on August 9.

Upon the court’s questioning, Solicitor General Tushar Mehta, representing the Central Bureau of Investigation (CBI), informed the bench that the challan was not a part of their records.

Moments later, senior advocate Kapil Sibal, appearing for the West Bengal government, sought time to add the document to the case file.

The three-judge bench also asked the CBI, probing the case currently, to file a fresh status report in the case by September 17. The agency had submitted a status report in the case today as well.

Here are the top quotes by the Supreme Court –

1. The CBI has certain leads in the case, and it will submit a fresh status report next week, by September 17
2. The missing document, regarding the transfer of the doctor’s body for postmortem, is a matter of grave concern. How was a postmortem carried out without a statutory request?
3. There has been a delay of 14 hours in the registration of a First Information Report (FIR) by the West Bengal Police.
4. Pictures of the doctor’s body should be removed from social media.
5. On the deployment of the Central Industrial Security Force (CISF) personnel, the court ordered the state to provide accommodation to all three Central Industrial Security Force (CISF) companies in the vicinity. “A total of three companies have been deployed. Mr Sibal, appearing for West Bengal, has in his submission indicated that the provision for housing the personnel has been made. In the statement placed on record by Union indicated that accommodation for one company is at three locations, RMA Quarters, RG Kar premises, KMCP schools, and Indira Maitri Sadan,” the court said.

The rape and murder of the junior doctor in a seminar hall of the state-run hospital has sparked nationwide protests.

Her body, with severe injury marks, was found inside the seminar hall of the hospital’s chest department. A civic volunteer, Sanjoy Roy, was arrested by the Kolkata Police in connection with the case the following day.

On August 13, the Calcutta High Court ordered the transfer of the probe from the Kolkata Police to the CBI, which started its investigation on August 14.

THE EARLIER HEARING

On August 22, the top court had tore into the Kolkata Police over the delay in registering the unnatural death of the doctor, calling it “extremely disturbing”. The court had also questioned the sequence of events and the timing of its procedural formalities.

The court had also constituted a 10-member National Task Force (NTF) to formulate a protocol for ensuring the safety and security of doctors and other healthcare professionals.

Terming the incident as “horrific”, the court had excoriated the state government over the delay in filing the FIR and allowing thousands of people to vandalise the state-run facility.