RG Kar case: Why is progress on safety measures, CCTV so tardy? Supreme Court to West Bengal

The Supreme Court on Monday questioned the State of West Bengal about the slow progress as regards the improvement of safety measures for doctors in government hospitals across the State [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 noted that more than 50 percent of the work as per its earlier directions were yet to be complete.

"What steps has been taken by West Bengal to install CCTV cameras, construction of toilets, creating male and female duty rooms, biometrics, etc," the Bench asked the State.

"There has been logistical delays due to floods etc. 6,178 were to be installed. 22 percent has been completed," Senior Advocate Rakesh Dwivedi appearing for State of West Bengal replied.

"Why is the progress so tardy.. no areas are above 50 percent," the Court said.

"Most of the work will be completed by October 15," Dwivedi replied.

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.

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 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.

Earlier, 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 against such professionals at the workplace.

The Court had also directed the State and CBI to submit status reports on the progress of investigation into the case, and instructed that CISF security be provided at the hospital.

During the previous hearing, it had expressed concerns regarding the slow pace at which security measures were being implemented in the medical colleges/ hospitals in the State.

Hearing today

During the hearing today, the attention of the Court was drawn towards the pictures of the deceased along with videos which had proliferated all across social media.

The Court, therefore, ordered that its earlier order to Wikipedia to ensure that no image or identity of the victim shall be revealed, will apply to all social media intermediaries.

"The earlier order of wikipedia shall be applicable to all social media intermediaries and ensure that no picture etc of the victim of RG Kar rape and murder is displayed," the Court ordered.

The Court also recorded the submission of Solicitor General Tushar Mehta that the Ministry of Electronics and Information Technology (MEITY) shall nominate a nodal officer who shall communicate uploading of any such information and that necessary action can be taken with the intermediary to take down such posts.

"MEITY shall also consider laying down guidelines to handle such cases," the Court added.

Senior Advocate Indira Jaising told the Court this is not just a case of rape and murder but others are involved too.

"This is not a simple rape and murder case. there are others involved also... at the request of principal also there were some present at the scene of the crime," she contended.

Senior Advocate Karuna Nundy also echoed Jaising's arguments and said that many persons facing allegations of financial irregularities are still holding positions of power at RG Kar hospital.

"A lot of them mentioned in CBI report regarding financial irregularity are holding positions of power and this is why the threat culture is existing," Nundy said.

The seven from RG Kar investigated by CBI are still in employment and we are seeking their suspension temporarily till a decision is taken, Jaising requested.

"How can the doctors work safely if they are still in position of power," she asked.

The Court then asked the Solicitor General to apprise the Court of the same.

"This is something you must apprise on next day of hearing Mr. SG. Tell us are there any people in hospital who have allegations concerning the crime or financial irregularity," the Court said.

Senior Advocate Rakesh Dwivedi said that the State has already suspended 5 doctors and will take action if material is produced against others as well.

The Court then recorded the same in its order.

"During the hearing, counsel for resident doctors have drawn attention that several persons who face several allegations of misdemeanour are still working at the hospital. Status report shows several aspects under investigation. Prayers that they be suspended or be sent on leave will require examination by State. Senior Advocate Rakesh Dwivedi states that if CBI shares material with state showing material against such persons, state shall act in accordance with service rules and regulations. The Court shall take a call what further directions would be needed for the CBI which may travel beyond the RG Kar incident," the order noted.

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