Calcutta HC transfers Kolkata doctor rape-murder probe to CBI

The CBI has taken over the investigation into the shocking rape-Murder of a second-year PG medical student at RG Kar Hospital after a decision made by the Calcutta High Court. TS Sivagnanam, the Chief Justice, and Justice Hiranmay Bhattacharya, the division bench, were considering many pleas, one of which was from the victim’s parents asking for the probe to be transferred to an impartial agency. The bench voiced concerns over the state police investigation’s current position and 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.’

Before being found in a horrific state in the early hours of August 9, the trainee doctor, according to local accounts, had finished her night duty and gone to bed in the college’s lecture hall.

Following an initial inquiry, a “civic volunteer” who was employed by the local police department was taken into custody by the Kolkata Police. The attorney has described this arrest as a “cover-up,” arguing that the state police’s investigation was flawed and that they were attempting to use the accused as a scapegoat in order to hide the true circumstances.

Civic Volunteer Arrested in Kolkata Doctor Rape-Murder

Senior Advocate Bikash Ranjan Bhattacharya represented the deceased’s parents. He stated that they had first been notified over the phone that their daughter had become ill and that they were informed she had committed suicide when they arrived at the college. They were also informed that they would not be able to see her body until after three hours of waiting.

It was said that upon seeing her corpse for identification, they were convinced that the occurrence could not have been a suicide because of how horrifying the injuries were. Since important evidence might be lost over time, senior counsel urged that the case be transferred right away to the Central Bureau of Investigation (CBI).

Legal representation for additional petitioners stated that Dr. Sandip Ghosh, the medical college’s principal, had resigned with a statement of “moral responsibility” but had been appointed as the principal of the Calcutta National Medical College, another government college, just hours after.

In taking exception to such occurrences, the Court remarked: ‘If the principal has stepped down owing moral responsibility, 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 long leave. Otherwise, we will pass an order.’

The state responded to the accusations by stating that they had already conducted a comprehensive inquiry and that there was no need to conduct one more. Given that no complaint had been filed at the time the deceased’s body was discovered, it was argued that an unnatural death case had been filed. It was said that despite the possibility of a complaint being made by the principal or officials, none was received.

The principal or other college officials had not assisted the police in any way, the court noted, expressing worry over the case being reported as an unnatural death by the police. Thus, it stipulated that the principal would be put on indefinite leave until further directives.

The court acknowledged the unusual circumstances of this case and granted the parents’ request that any additional delay would result in the loss of evidence, while also noting that the state police might normally request a report. As a result, it turned over the probe to the CBI and scheduled a follow-up hearing for three weeks later.

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