SC Issues 'Deadline' To Doctors, Urges Them To Resume Work: 'Protests Cannot Continue At Cost Of Duress'

Solicitor General Tushar Mehta, representing the Central Bureau of Investigation (CBI), informed the bench that a crucial document, the challan, was missing from their records in the case concerning the rape and murder of a trainee doctor at Kolkata's RG Kar Medical College and Hospital.

"It's crucial because this column contains what other material was sent along with the body,"

Photo Credit: PTI

Mehta said. He further explained that, in the absence of this challan, the post-mortem doctor would not be able to formally accept the body for examination.

The CBI also confirmed they did not have possession of the challan.

The Chief Justice, in response, raised an important question, "How was the post-mortem carried out in the absence of a formal request?"

The court sought further clarification, particularly concerning the timing of the unnatural death report, after the CBI submitted its status report on the matter.

Senior advocate Kapil Sibal, representing the West Bengal government, informed the bench that the death certificate had been issued at 1:47 p.m., while the police registered the unnatural death report at 2:55 p.m.

However, Solicitor General Mehta countered this timeline, stating that according to CBI records, the report was actually filed much later, at 11:30 p.m.

The CBI raised concerns regarding the forensics report, specifically questioning the handling of evidence and the collection of samples.

The agency indicated that it intends to send these samples to the All India Institute of Medical Sciences (AIIMS) in Delhi for further examination. Reading from the forensics report, Mehta said, "When the body was recovered at 9:30 a.m., jeans were removed, the body was semi-nude, and there were injury marks on private parts."

Mehta also flagged critical discrepancies in the storage of evidence, noting that blood samples had not been stored at the required 4 degrees Celsius, which is essential in rape and murder investigations.

He stressed the importance of the early hours in such cases, given the delicate nature of forensic evidence.

The Chief Justice echoed these concerns, asking, "That's why we asked if you have the complete CCTV footage or not? Who else entered after the accused exited?"

Sibal assured the bench that all relevant footage had been video-recorded, with a judicial magistrate acting as a witness.

'Protests can't happen at cost of duress'

At the beginning of the hearing, the CBI submitted a status report to the bench regarding the ongoing investigation.

After reviewing the report, the court directed the CBI to submit an updated status report by 17th September.

Sibal, representing the state government, informed the court that 23 people had lost their lives due to the ongoing doctors' strike, a point reinforced by a report submitted by the state health department. Sibal requested the court's intervention, urging the bench to direct doctors to return to their duties.

In response, the Chief Justice remarked, "We know what is happening on the ground, but doctors must now come back to work. They cannot say senior doctors are working, so we will not work."

He further warned, "If doctors do not resume work, then we cannot stop the government from taking disciplinary action."

Emphasising that protests cannot continue "at the cost of duress," the Chief Justice made it clear that doctors are part of a system designed to provide public service.

"We want to ensure that doctors resume work. They are in a system to render service. We will provide facilities, but they have to reciprocate," he said.

The case, which was initiated suo motu by the Supreme Court, is being heard by a three-judge bench consisting of the Chief Justice and Justices JB Pardiwala and Manoj Misra.

Centre highlights issues with CISF deployment

The Centre, during the hearing, informed the Supreme Court that the West Bengal government was not cooperating with the Central Industrial Security Force (CISF) personnel who had been deployed to guard RG Kar Medical College and Hospital.

The Centre pointed out that the CISF personnel, particularly female officers, were facing challenges due to a "non-availability of accommodation, security gadgets, and paucity of transportation."

In response, the Supreme Court directed the state government and CISF to address these issues urgently.

"We direct senior officers of the state government and senior officers of the CISF to examine the issue and provide accommodation at the nearest location. Any further arrangements for buses, trucks, and light motor vehicles should be made by 5 p.m. today, and all security gadgets by 9 p.m. today," the court order stated.