The Supreme Court is hearing the suo motu case registered by it in connection with the rape and murder of a 31-year-old resident doctor in Kolkata's RG Kar Medical College and Hospital.

The matter is being heard by a Bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra.

Various associations and bodies of medical professionals have filed intervention applications before the apex court seeking directions in the matter.

The doctor was found dead at a seminar hall of the college on August 9. An autopsy confirmed that she was raped and murdered.

The incident has sparked nationwide outrage and protests with doctors in various parts of the country going on strike demanding stricter laws and policing to ensure the safety of medical professionals.

The matter is currently being probe by the Central Bureau of Investigation (CBI) after the Calcutta High Court transferred the probe to the central agency.

Subsequently, the top court initiated the suo motu case.

During the previous hearing of the matter, the top court issued several directives including the establishment of a National Task Force to examine the issues concerning safety and dignity of doctors and medical professionals and to address gender based violence and other issues concerning well being and safety faced by doctors and other medical professionals at workplace.

The Court also directed the CBI to submit a status report on the progress of investigation into the case.

It also ordered the State of West Bengal to file a status report on the progress of probe into the acts of vandalism which took place at the hospital and its premises in aftermath of the crime.

The Court further instructed that CISF security be provided at RG Kar Medical College and Hospital.

The Court will consider the status reports filed by CBI and West Bengal government during today's hearing.

Live updates from the hearing follows.

Bench assembles. The court is hearing some mentionings in other cases as of now.

Court told that some resident doctors of AIIMS Nagpur who participated in a protest are being penalised.

CJI: If they are on duty, they won't be marked absent. If they are not on duty, the law will have to follow its course. How can we tell administration to take a course that is not correct?

Lawyer urges for lenient view, says they are attending emergency duties.

Court: Let them first come back to work, no one will take adverse action against any doctor. If there is any difficulty then, then come back to court.

Lawyer: They have reported back. AIIMS Nagpur, the doctors have reported back.

Counsel for PGI Chandigarh doctors: Doctors are being victimised. They rally one hour in morning and then they are working.. but they are also (penalised)

CJI: The seasoned directors who helm these institutions will never do something like this

PGI counsel: Their casual leaves are being deducted.

SG Tushar Mehta: An assurance from this court should satisfy the doctors.

CJI: If doctors have resumed duty, we will prevail upon the authorities not to take any adverse action. But they must first come back to work. Otherwise, the people who need their services the most are deprived of their services. That's the only concern. How can public health infrastructure run if doctors don't resume work?

CJI: Let's first have the status reports.

CJI: Reason for this broad based National Task Force is that all stakeholders will be consulted including the resident doctors.. so they will be heard.

CJI: If we start asking representatives of various stakeholders to be part of committee, then work of the committee gets dislocated.. We know that the committee has senior women doctors and they have dedicated life to public health infrastructure.. The committee will hear everyone... Interns, residents, senior residents, nurses, paramedical staff.. Committee will ensure that all representatives are heard.

Senior Advocate Devadatt Kamat appears for close to 30,000 resident doctors: I appear for about 30,000 doctors ... The resident doctors should be heard as well.

CJI: Please assure the resident doctors that they will be heard by the committee.

CJI: Our hearts go on to all those people who have to go to public hospitals. We will make an observation that the committee will hear all stakeholders including the resident doctors association ... Your stakes are very high and your inputs are very valuable ... Please assure the resident doctors that we are not passing an order that the committee will give them a representative voice in putting forth their grievances, their working conditions and so on and so forth.

Senior Advocate Vijay Hansaria appears for the Delhi Medical Association: We filed a writ petition raising the same grievance. This court said, when any incident happens .. then you come to us. We are 110 year old association.

CJI: Can we suggest something? ... If all of you are intervening for various bodies can give a slip of paper with names of body and who will represent ... then we will put the same in order and we will say committee may take steps to engage with all these bodies.

Hansaria: There should be institutional FIR within 2 hours of a crime, there should be grievance redressal number, then expediting of such similar matters involving attack on doctors.

CJI: Please assure the doctors, we are concerned about them, that they have to work for 36 hours ... All of us have family members, relatives who have gone to public hospitals. I have slept on the floor of a public hospital when somebody in the family was not well. We have gone through that, we have seen the doctors working for 36 hours.

A lawyer points out that junior doctors who put in such long hours are not neither in a physical nor a mental state to even resist if someone is teasing, forget graver acts like sexual assault.

CJI: If you look at our order.. We have in fact highlighted this very aspect.. that there is a hierarchical nature of public hospitals and junior doctors are susceptible to different kinds of harassment and not just sexual harassment. We have got so many emails and we have been flooded ... 48 or 36 hours of duty is not good

CJI: Brother Hrishikesh Roy told me that I continued saying Kar Kar.. but the pronunciation is 'Kor'

Senior Advocate Geeta Luthra: I appear for the RG Kar Medical Junior resident doctors ... They are still being terrorized. They are still in fear. They said they gave names in sealed cover. They are still being targeted at the hospital.

CJI: Terrorized by whom?

Luthra: Those (doctors) who have spoken up are feeling targeted and they have a timeline of videos.

CJI: Targeted by whom?

Senior Advocate Karuna Nundy: By officials, by goods. I appear for doctors in Kolkata.. there are goons etc.

Luthra: By members of the administration, by people in the hospital.

CJI: Alright, we will take note of this.

Nundy: We represent 5 association of doctors.. there is an institutional compromise with regard to the financial irregularities and the rape incident as well. The same gentlemen (Dr. Sandip Ghosh) who was head of RG Medical College also asked for CCTV cameras for 14 lakhs to be rented. If he bought those, they would have been there, it would have been a deterrent, there would have been accountability ... We need to address on SIT as well. An SIT was set up by the West Bengal government to look into these irregularities by the same person, and that only constitutes officials of the West Bengal government.

SG: Would your lordships consider having the status report (of the CBI) first?

CJI: Let's see the report, then we will come back to the SIT. Let's quickly run through the two status reports.

Senior Advocate Kapil Sibal (for West Bengal government): We have also filed a status report

SG: The State were not asked to give status report.

Sibal: It is there in the order

CJI: Yes, we had asked the Kolkata police to submit a report.

Bench goes through the status reports submitted by CBI and State government.

CJI: The medical examination report of the accused...where is it.?

SG: We are not supplied with it.

Sibal: It is part of the case diary and submitted.

SG: We entered the scene on 5th day and CBI probe to start is a challenge and crime scene is altered.

Sibal: Seizure memo is there

SG: First FIR was registered after cremation at 11:45 pm. Then they told parents that it is suicide, then death and then friends of the doctor at the hospital insisted on videography and thus they also suspected something is amiss

CJI: Show us the post mortem report.

SG: it is there.. the local police gave us that.

Sibal: I have given an exact timeline on what happened and when... a young lawyer representing somebody here seems to have filed - I will not reveal the identity of the person. He seems to have filed-

Bench resumes discussion.

SG: The person who made a complaint was back in 2023 also and thus it cannot be said that this is an afterthought complaint etc.

CJI: One aspect is very disturbing. The unnatural death entry was made at 10:10 am.. The Police was informed then that it was an unnatural death and disregarding all this the demarcation of crime scene etc happened in the night?

Sibal: No, no, no, I have given a timeline which is backed by videography.

SG: Give us also (the timeline)

Sibal: Yes, we will.

SG: We should not request, you are bound to give this to CBI

Justice Pardiwala: What time was post mortem performed? From your records.

Sibal: 6:10 pm to 7:10 pm

Justice Pardiwala: When you took the dead body for PM, then was it a case of unnatural death (UD) or not? If it was not a case of unnatural death, then why did you have to perform the post mortem?

Justice Pardiwala: When you start performing a post mortem, that means it is a case of unnatural death.

Sibal: No doubt.

Justice Pardiwala: Post mortem starts at 18:10 hours. It comes to an end at 19:10 hours. What was the need for registering UD at 23:30 hours?

Sibal: That's the FIR, not the UD.

Justice Pardiwala: The records, subject to what you have to further point out to us - UD case of 861 of 2024 of police station ... was registered on 23:30 hours. On August 9, 2024 ... GD Entry was ... and FIR was registered at 23:45 hours. Is this record correct?

Sibal: Take the timeline, we have referred everything ... UD was registered at 1:45 pm.

SG: No, that's not true.

Justice Pardiwala: How do we reconcile the two records? Today we have a report which indicates that this is the time. Therefore, it's is very surprising. Postmortem precedes registration of UD!

Sibal: This is what I am told, I can only-

Justice Pardiwala: Is someone responsible there? If officer is present, you may speak to him and tell us.

Justice Pardiwala: If this is the fact, it is something very ... Please tell him (State official) to make a responsible statement. Do not make a rash statement.

Sibal: Kindly see page 4 of the case diary.

SG: Can I have a timeline please? We were not given, I have been requesting since-

Sibal: I don't know why you are interfering sir. I have not even given it to the court. Allow me to answer the court, please.

Court: There are three-four questions ... When was UD case registered (UD: Unnatural death case report)?

Sibal: 1:45 PM.

Court: From where do you get this? .. Show us.

Justice Pardiwala: When we take up the matter on the next date ... please keep a responsible police officer present here... He should be able to answer. At this point of time, we have yet not got an answer as to when was UD case registered.

Sibal: Page 2 of the case diary..

Justice Pardiwala: Ok, tell us when was the inquest panchama done?

Sibal: 4:20 to 4:40 pm

Court: Report in our hand reveals that UD case registered after inquest panchnama and post mortem.

Sibal: No.

Bench moves over to CBI Joint director.

CBI officer addressing the Court.

Justice Pardiwala: Ma'am, please read in your mind ... The page 2.. and tell us is this correct?

CBI: This based on GD entries and the documents given to us.

Court: Now the see the time stated.. show us the GD entries.

Sibal: They are showing GD what happened in the entire day.. if you see magistrate report.. UD entry is already mentioned.

Justice Pardiwala: You may be right, Mr. Sibal. This is something that even the criminal procedure code doesn't prescribe. The procedure followed by your police officers, it is something I have not come across in 30 years of my- .. So first thing we want to confirm is, is is it true that UD case was registered at 23:30 hours and post mortem and everything preceded (it)?

Sibal: No, that is not correct.

Justice Pardiwala: Second question to you - who is the assistant superintendent (non-medical)? Is assistant superintendent male or female?

Sibal: She is female.

Judge: Her conduct is also very doubtful. Why did she act in this manner?

CJI: Now see in your document.. GD entry is at 5:20 am, received information from the hospital that a lady ... was found lying in unconcious state ... in half naked condition ... This is at 10:10 AM.

SG: Doctors are saying "unconscious", though she was already dead.

CJI: ... The (medical) board verbally opined there is possibility of forceful sexual penetration ... possibility of sexual assault ... and GD entry shows the cordoning of area is after the post mortem...

CJI: Then magistrate conducted inquest over the dead body under videography... then incriminating material found under the mattress.. the on duty RMO was examined. We are not taking the names.

CJI: This is the case diary. It shows that the UD case was registered at 11:30 pm after the officer comes back to police station!

Sibal: Kindly (look at) page 2 in the diary itself..

Justice Pardiwala: Why has he mentioned 23:30 then? .. is it minutes of meeting.. show us one document which shows the UD case number which is before 23:30.

Sibal: Page 2.. please see page 2.. second last page of case diary

Justice Pardiwala: Give us the hard copy only.

Justice Pardiwala: Let the CBI look into this.. it looks like this has been inserted later. Prima facie. Let them look into it.

SG: Can the copy be given to us, we don't know if that copy was given to us (CBI) ... Copy of print of this page may be given to us.

Sibal tells court report of the ACJM can be checked.

Sibal: Please read the inquest report you.. this is the judicial magistrate who carried out the inquest.. post mortem is also mentioned.. this cannot be inserted.. this is signed by the magistrate.

Justice Pardiwala: We will have a look into this.

Sibal: Please see the order of magistrate.. it mentions the case number.

Sibal: An impression is being created that contrary to the record..

Justice Pardiwala: Come to the CBI report... (to the Joint director CBI)

Court: Is this still pending? Or HC has passed orders and it is done?

CBI: It is still pending.

SG: We have to seek permission of the court.

Court: Do it at the earliest then.

Sibal: We wish to show something which will demonstrate.. we are checking.

Sibal: The post mortem report, the seizure list all has the UD case report time and number. Even the inquest report has it. all in case diary.

Bench goes through documents.

Sibal: All before 8:30 pm.. then how can (it be) at 11 :30 pm.. original CD also given to CBI, as soon as matter was transferred by High Court.

SG: We will revert on this.

CJI: We can form a view now on movement of police officers, when body was seen... When police came.... UD report... then post mortem report.. then cremation and then FIR. It matches with the FIR also now.

Sibal: Exactly.

SG: Even the UD case was actually at 11:30 pm..

Sibal: No no.. they this information in the CD.

SG: Mr. Sibal, please allow me.

Sibal: Please allow me what? You should have shown the CD.

SG: I don't need to fight.

CJI: This also matches with the FIR.

SG: Please give me 2 minutes ... Please read the general diary entry... come to the next page - after return to Police Station under order of office (something), an UD case has been registered ... This UD case was registered at 23:30 pm and at 23:45, FIR is registered. That is the chronology

Sibal: This is all just to muddy the waters, that is what you are doing.

Sibal: What are you saying? That is a general diary entry we are also saying that.

SG: Please do not laugh, a girl has lost her life in the most inhuman and undignified manner!

Sibal: These are the rules, and we have followed them to the T.

Justice Manoj Mishra: ... Relevant part would be inquest report which shows that the information regarding unnatural death was registered as case no. 861 on August 9 at 10.10 AM ... It carries various steps carried out during course of the day. at 1:45 pm..

Sibal: We all know this is barbaric.. come on, come on.. you are just muddying the water.

SG: We are only removing mud from the water that is all.

CJI: It shows that initial report of UD was received... at 10:10 am.

SG: It was a report that it is unconscious.. but doctor is not needed to know that it is a dead body.

CJI: FIR was at 11:30 pm.

In the meantime, body is handed over to the mother.

SG: And that too, the father insists for registration of the FIR. Hospital does not register the FIR. Father has insisted and registered the FIR.

Sibal: Father told us 'you wait till I tell you, then only register, I will give a written complaint.' That is what happened. At least tell us what has been happening the investigation (of CBI) instead of telling this happened at 11:45.

CJI: One clarification we need. If police report indicates that after return to police station, GD was recorded, in the meantime, body is handed over to mother for cremation. This does not add up to the fact that inquest report refers to GD 861. Inquest takes place, I have the inquest of the judicial magistrate. Judicial magistrate says I conducted the inquest at at 4:20 PM on August 9. That inquest report refers to GD. If the police say that GD report was recorded after return to police station, just before FIR is recorded at night - how does inquest at 4.20 PM refers to GD 861?

Sibal: Ask the ACJM milords... He is there. Everything is on record.

Sibal: The real thing is the investigation. Why are we moving away? What is happening in the investigation?

Justice Pardiwala: Show us the post mortem report..is UD 861 mentioned..?

Sibal: On the first line..

CJI: It appears then, that at the time when the postmortem was conducted, UD 861 had already been recorded.

Sibal: That's right. There is no doubt about it. People are using some expressions ... the record will show.

CJI: Why does IO then say, "after I returned to the police station in the night, I recorded-"

Sibal: Because he has to record what has happened all this while. That's the point. The point is, we are more concerned about the investigation - what has happened in the past 1 week. Please tell the Court that.

Lawyer: Lordships, (it is said) the PMR (post mortem report) talks about 151 mg of semen, it is in ML-

CJI: Don't confuse this. Don't use social media to make arguments in the court. We have specifically now the post mortem report before us. We know what that 151 refers to. Let's not use what we read on media and make legal arguments on that basis.

Sibal: I have a very serious issue in hand. I want to hand over an affidavit. And I'll hand over the affidavit also to the solicitor, only to him. Please go through the affidavit. Just read through this, see what's going to happen.

Sibal: These are collateral events that are bound to happen.

SG: This is again on social media milord. State filing and affidavit on the basis of social media.

Sibal: Let the court please read it.

Sibal: This is exceptionally serious, because they planned it on 27th. If any protest is to be done, they have to tell us which route ... They carry flags, if they take off the flag, it becomes a stick. There is an SOP that has to be followed. It is collateral events, unrelated to the real issue. We have photos. I will want your lordships to go through the status report and pass an order that this can't be done and there must be a SOP that has to be followed.

CJI: We will come back after lunch and see the Kolkata police report

Senior Advocate Geeta Luthra: The CISF is not there... even today morning.

SG: I have intimation in writing that the forces have gone and visited along with Kolkata police to decide where to post whom. Kolkata police says that security should be in hospital, but we feel it should be more in the hostel.

Hearing to resume at 2 pm.

Bench re-assembles.

Sibal: Through a notification issued in gazette of 2018 we are required to follow guidelines in unnatural death case. All the steps were followed to the T. This is not something new. Please read how the UD is registered and how it is put up before the magistrate.

CJI: What is the reason why - A. the FIR is lodged almost 14 hours after the discovery of-?

Sibal: We asked the parents, they said they will give a formal complaint milords. That is all in the records.

CJI: Principal of the college should have come straightaway to the college and directed the filing of the FIR. Who was in touch with?

Sibal: As far as we are concerned, we have followed the procedure.

CJI: The moment he (former principal of RG Kar Medical College and Hospital, Dr. Sandip Ghosh) tendered his resignation, he is appointed as principal of another college?

Sibal: We will respond to that separately... We appreciate that part of it ... Now, of course, (they are saying), people who are appearing for the State have got Swiss Bank accounts - this is doing the rounds. Because we appear for the State. That's all that's happening outside.

SG: Initially that (claim of) 'Swiss Bank account' came from your client, your present client.

We don't have to go into all that, Court says.

Sibal: You are focusing on State of West Bengal and not the investigation

Sibal urges Court to clarify that when it earlier said protestors should not be penalised by State, it did not mean that the standard operating protocol for the conduct of protests can be ignored.

CJI: Let the investigation go on by CBI into the death and let Kolkata police probe the vandalism. We never said that normal law procedure will not be followed. Only that do not arrest for only protesting.

Court dictating order.

CJI: We have received status reports by CBI and Kolkata police. Kolkata police is probing vandalism at the hostel after protest at the site. It appears from the record that a request for conducting polygraph test has been submitted of the accused to the ACJM Sealdah and it is under process. The ACJM sealdah shall pass orders on this application no later than 5 PM on August 23, 2024

Court dictating order.

CJI: A number of counsels took part on behalf of doctors and other stakeholders. Earlier, while forming a national task force (NTF), it was decided that NTF shall consult all stakeholders and thus we hope and trust that all stakeholders likely to be affected will be heard and the ones who are responsible for maintaining safe workplaces for medical professionals. The counsels have placed some additional suggestions such as institutionalising of distress call system, registration institutional FIR and the constitution of compensation distress fund. Let NTF consider all of this.

Court dictating order

CJI: We direct secretary in Ministry of Health in the Union of India to open a portal in the Ministry website where stakeholders can submit their suggestions before the committee.

Court dictating order.

CJI: Mr Sibal submits that while this court has permitted peaceful protests, it should not be misconstrued to mean that the State cannot lawfully use its power. This Court has not injuncted the State from exercising the lawful powers entrusted by law but we categorically reaffirm that peaceful protests shall not be disturbed or disrupted and the State shall not take any action against those peacefully protesting against the RG Kar incident.

Court dictating order:

CJI: All States and UTs shall ensure that States can prevent any apprehension of violence at medical establishments. SG states CISF has been deployed at the RG Kar medical college.

Sr Adv Karuna Nundy: If the doctors can be protected from backlash-

CJI: Let the doctors resume work and then come back to us and tell us..

Order: An apprehension has been expressed by the doctors that some of them are being proceeded against with respect to protests that happened in past. We have been assured that doctors will return back to work.. and let there be no coercive action be taken against doctors after they come back to work after the date of today's order. No adverse action against doctor after they resume work for any protest that happened before the date of today's order.

CJI: Justice and medicine cannot go on strike. Can we go and sit outside the Supreme Court now?

SG Mehta: A sitting minister of the State of, when they say fingers pointing towards Mamata Banerjee will be chopped off-

Sibal: Oh yes and leader of opposition Suvendu Adhikari has said bullets will be fired!

CJI: Please do not politicise the situation. Parties have to realise. The law will take its course and we are ensuring that the law does take its course. Second, we are also concerned about the safety and welfare of doctors. For the future, we want to institutionalise it. We are not just going to lay down guidelines, we are going to pass enforceable directions, so that the recommendations of the task force will be implemented by the State governments and hospitals under authority of Union government.

Delhi Medical Association: There are FIRs against the doctors..

CJI: How long are you protesting..?

DMA: Since the day of incident.

CJI: Then 13 days AIIMS doctors are not working.. please get to work... we have ensure no coercive action provided no protest after the date of today's order.

Dr Rajeev Joshi MLSI: The suggestions by the NTF needs to be implemented and my PIL is pending before the HC.

CJI: Once the report is submitted, the next step will be implementation. What is happening in Maharashtra and Kerala will not take this matter ahead..

CJI: During course of the hearing, counsels for resident doctors and association says doctors are willing to go back to work, however it has been submitted that State ensures there are some safety measures to assuage concerns of doctors. We direct the Secretary in the Union Health Ministry engage with Chief Secretary and Director General of Police so as to ensure some basic minimum is done pending the report of the NTF. The meeting should be held within a week and States take remedial measures within a period of two weeks.

CJI led bench declines to pass any order for security by State at private hospitals. Hearing ends