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Synopsis

The Central Bureau of Investigation (CBI) has begun investigating the alleged rape and murder of a 31-year-old junior doctor at R G Kar Medical College in Kolkata. The special team from Delhi arrived in the city on Wednesday, following the Calcutta High Court's decision to transfer the case to CBI due to the lack of progress in the state police's investigation and suspicion of evidence tampering.

The victim was found dead in a seminar hall at the hospital last Friday. The CBI has registered an FIR, building on the initial police report, which includes charges of rape and murder.

The case transfer came after multiple pleas, including one from the victim's parents, were filed before the high court. The petitioners essentially sought investigation by an independent agency.

The parents of the victim also called for a probe into the hospital's conduct, particularly the role of the then Principal, Professor Sandip Kumar Ghosh, and other officials who, they alleged, may have tampered with evidence.

The parents submitted that on the day of the incident, they received a call from the hospital at 10:53 a.m., informing them their daughter was unwell. By 11:15 a.m., they were told she had committed suicide. They rushed to the hospital but were made to wait three hours before seeing the body, during which time protests broke out. When they finally saw their daughter, they found her body had injuries and was partially unclothed.

The parents submitted that they suspect that more than one individual was involved and that it is a case of gang rape.

Despite the state police claiming they had recorded statements from over 25 people and arrested one individual and the investigation was going in the right direction, the high court expressed dissatisfaction over the state of the case.

The division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharya strongly criticized the hospital administration, particularly the Principal, for failing to promptly lodge a complaint, which it deemed a dereliction of duty.

Court also questioned the Principal's resignation claiming "moral responsibility" and subsequent appointment to another medical college within hours.

"It is on record that the said Professor Sandip Kumar Ghosh tendered his resignation and it is not clear as to what orders were passed on such request for resignation rather, within the shortest possible time on August 12, 2024, the said person has been made a Principal of National Medical College & Hospital, Kolkata," court pointed out.

It questioned the pressing need for such action.

Although there were multiple submissions made at the Bar concerning the significant influence of Professor Sandip Kumar Ghosh, court said that it would not go into the issue at the present stage.

Furthermore, the high court noted that the registration of an unnatural death case raised suspicions. "...under normal circumstances, a case of unnatural death is registered when there is no complaint. When the deceased victim was a doctor working in the hospital, it is rather surprising as to why the Principal/hospital did not lodge a formal complaint. This, in our view, was a serious lapse, giving room for suspicion," court said.

It also pointed out the lack of significant progress in the investigation, despite five days having passed and the risk of evidence being destroyed and witnesses being influenced.

"We are convinced to say so because even after a lapse of five days there appears to be no significant progress in the investigation, which ought to have happened by now and by further loss of time, we would be well-justified in accepting the plea raised by the writ petitioners, more particularly, the parents of the victim that there is every possibility that the evidence will be destroyed and the witnesses will be influenced, etc," the bench said. 

Therefore, the high court transferred the probe to the CBI.

It ordered the state police to hand over the case to CBI by Wednesday, 10:00 am and it also sought reports from the concerned authority of the State Government and the Superintendent of the Hospital as regards the infrastructure and other facilities, which are available in the hospital and to the doctors by the next date of hearing.

Court directed the CBI to file periodical reports as to the progress of the investigation and ordered the matter to be listed for the next hearing after three weeks. 

"We would appeal to the learned members of the medical profession to discuss with the senior officials of the State Government and consider calling off their agitation so that the public, who come to the hospitals for treatment are not put to prejudice," court appealed to the protesting doctors as well.

After the incident came to light, protests erupted in several cities, with doctors demanding a transparent investigation, accountability from responsible authorities, compensation for the victim's family, and better safety measures in medical colleges.

On Saturday, the police arrested civic volunteer Sanjay Roy in connection with the case. Media reports indicate that Roy, who is trained in boxing, used his full strength to carry out the crime. According to reports, the police's preliminary findings suggested that the crime was carried out impulsively and that Roy was intoxicated at the time.

Case Title: XXXXX (Parents of Victim) Vs. The State of West Bengal & Ors. and Connected matters