RG Kar case: Supreme Court rejects plea seeking resignation of Mamata Banerjee

The Supreme Court on Tuesday rejected a plea seeking directions for ouster of West Bengal Chief Minister Mamata Banerjee from office in light of the rape and murder of a resident doctor in Kolkata's RG Kar Hospital. [In Re: Alleged Rape and Murder Incident of a Trainee Doctor in RG Kar Medical College and Hospital, Kolkata and Related Issues].A Bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra took strong exception to the plea and cautioned the concerned lawyer that he will be removed from Court if he continues to treat it as a political platform."This is not a political forum alright. You are a member of the bar. We do not require your affirmation to what we say. What you say has to abide by rules of legal discipline. We are not here to see what you feel about a political functionary. Your interim application is not our remit. Look I am sorry else I will have you removed from this court," CJI Chandrachud remarked..Solicitor General of India Tushar Mehta also joined in and added before the bench that "this was not the platform " for such petitions. .The Bench was hearing a suo motu case regarding the rape and murder of a 31-year-old resident doctor, who was found dead at the State-run RG Kar Medical College and Hospital in Kolkata, West Bengal..The Court today expressed concerns regarding the slow pace at which security measures were being implemented in the medical colleges/ hospitals in the State."These girls joining the 45 medical colleges in the state are just out of 12th standard and are very young, are interns also. You must have police force in these 45 colleges. In RG Kar also the progress is slow. You sanctioned 415 additional CCTV cameras but only 36 installed," the Court remarked.Senior Advocate Kapil Sibal, appearing for the State of West Bengal, assured that the same would be completed in two weeks.The Court then passed directions to ensure that the infrastructure and safety measures in medical colleges are upgraded."In affidavit has been filed by state of West Bengal on behalf of State Health department, ensuring steps taken to upgrade duty rooms, rest rooms, toilet facilities, availability of CCTV cameras in govt medical colleges and hospitals across the State. The affidavit indicates that sanction has been granted to create additional infrastructure for safety," the order noted.It proceeded to direct that a consultative process should be followed for upgrading the infrastructure and safety measures and principals from the concerned colleges/ hospitals should be included in the process."Besides budgetary provisions it is stated work has commenced and that work shall be done in 7 to 14 days. we are of the view that consultative process is followed. Thus we have suggested to West Bengal that a team of collectors, DM of each district, superintendent of police, principal of the medical college/hospital, representative of senior and junior doctor must be associated with the process so that work being carried out to create duty rooms, toilet facilities and put CCTV cameras is readily looked into. State has agreed to this and assures that the work shall be completed in 2 weeks," the Court recorded in its order..Background.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 one of the previous hearings in the matter, the top court had 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 had also directed the CBI to submit a status report on the progress of investigation into the case.It had 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 had further instructed that CISF security be provided at RG Kar Medical College and Hospital..Hearing todayDuring the hearing today, the Court noted that the CBI had submitted a status report on the progress in the probe into the case and disclosure of the same could jeopardise the investigation.Solicitor General Tushar Mehta, appearing for CBI, also said that the agency has been very careful and underscored that nothing should be done which eventually aids the accused.The Court then recorded in its order that no further disclosure as regards the probe should be in public domain."We have explained that it would not be in interest of fair and complete investigation to disclose the leads being pursued by CBI which will lead to dislocation of investigation and tampering of evidence. All counsel have agreed to the fact that there needs not be any further disclosures in the public domain," the order noted.The SG also flagged the fact that a Wikipedia page carries the name of the deceased victim and the same should be taken down.The Court said that it will mention in its order that the details have to be removed.A debate then ensued between the CBI and State of West Bengal on whether entire CCTV footage was handed over by the State to CBI.Senior Advocates Kapil Sibal, appearing for the State, maintained that every footage has been handed over to the central agency."Is it your statement that no other footage remains with Kolkata police," the Bench asked. "Yes yes, nothing at all. All camera footages have been given. The cameras in RG Kar connected to 4 hard drives. And all 4 hard drives have been handed over," Sibal contended.The Court also said in its order that the inputs of the father of the victim should be taken into account by the CBI.The SG assured that the same would be done."We are of the view that inputs of the father should be taken into note by the CBI and SG assures that CBI shall maintain contact with parents and assuage genuine concerns about status of investigation," the Bench noted in the order..Senior Advocate Karuna Nundy, appearing for certain senior doctors, disputed the claim that healthcare system in the State had collapsed due to doctors striking over the RG Kar incident."Some irresponsible statements were made during the last hearing. It was stated health care system is collapsing because doctors are not working. senior doctors are working double shifts and making it work. Demonising of doctors has to stop. We checked one death that happened and the reasons cited by them is false," she stated.Nundy also submitted that doctors have been assisting the CBI personally in the case."We have been assisting the CBI personally. We have given the SOP related to post mortem and large number of documents which needs to be taken into account and the financial irregularity case is inextricably linked to the rape and murder case," Nundy added.Senior Advocate Indira Jaising appeared for junior doctors and said that a settlement has been reached between the State and junior doctors yesterday and it must be placed on record."The junior docs were directed to go back to work and we want to do that," she said..Meanwhile, it was pointed out that the State had notified a rule which barred lady doctors from working during night.The Court took exception to the same stating that it would amount to discrimination against women. "How can that be? Women do not want concession but equal opportunities. Women doctors are willing to work in all conditions. they must work in all conditions. State of west bengal has to correct it. You cannot say that women doctors cannot work beyond 12 hour shift and not at night. Armed forces, etc all work at night which includes women," the Court remarked.The State assured the Court that the same would be rolled back."On August 19, the State had passed a rule that women doctors shall not be employed at night or shift exceeding 12 hours. We find merit in the reservations expressed (about that rule). The basic purpose must be to ensure safety and security for all and women doctors don't need special concession but safety and security for them to work and thus such conditions would impose obstacles in their medical career. Moreover, it would be inappropriate if women are given concession for hours of duty and it must be reasonable hours for all doctors. West Bengal has thus assured that any such conditions which cast cloud on basic premise of gender equality will not be implemented," the Court noted in its order..[Read Live Coverage]