RG Kar Medical College rape and murder case: Calcutta High Court orders CBI Probe

The Calcutta High Court on Tuesday ordered a probe by the Central Bureau of Investigation (CBI) into the rape and murder of a resident doctor at RG Kar Medical College hospital in Kolkata..A Bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya asked the CBI to carry out the probe on priority basis. If there is any dearth of manpower, then some officers from neighbouring States can be requested to assist in the investigation, the Court suggested. "The case on hand is a peculiar case. The facts and circumstances warrant appropriate orders without further loss of time. We are convinced to say so because even after the 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 of the writ petitioners, particularly the parents of the victim, that there is every possibility that the evidence would be destroyed and the witnesses would be influenced etc. Therefore, we deem it appropriate to transfer the investigation to the Central Bureau of Investigation," the Court said in its order. .The State government was ordered to transfer the case diary and other records to the CBI by 10 AM tomorrow. An officer of the CBI has been asked to be present before court for the purpose. The matter will be heard again after three weeks when the CBI is expected to submit a report. .The matter concerns the rape and murder of a 31-year-old junior doctor at the RG Kar Medical College hospital. The incident sparked nationwide outrage and eventually led to the resignation of the college principal, Dr. Sandip Ghosh amid allegations that he tried to victim blame and link her death to psychosis. The Court today took judicial notice of the widespread protests by doctors across the State and appealed that they resume their professional duties failing which poor people who come to government hospitals could suffer. "We are truly appreciative of the feelings vented out by doctors and students and, in particular, those in RG Kar Medical College. However, there is a pious obligation on the part of doctors to treat their patients, more particularly the patients who come to the government hospital, who are not from the affluent strata of society. Therefore, we would appeal to the learned members of the medical profession to discuss with senior officials of State government and consider calling off their agitation so that the public who come to the hospital are not put to prejudice," the Court said. Apart from public interest litigation (PIL) petitions that sought a CBI probe into the matter, the parents of the victim also filed a writ petition before the High Court seeking a probe by an independent agency under the supervision of a judge. .During the hearing today, the petitioners claimed that there was an attempt by the college administration to "cover up" the crime, as the parents were initially told over two phone calls that their daughter had died by suicide. The Court grilled the State on why it had initially registered the case as one of "unnatural death" (instead of recording it as a murder).The State explained that such cases are usually registered as unnatural deaths if no complaint is filed. The Court then asked why the college principal did not come forward to file the complaint. "When the deceased victim was a doctor working at the hospital, it was rather surprising as to why the principal or the hospital administration did not lodge a formal complaint. This in our view, was a serious lapse giving room for suspicion," the Court proceeded to record in its order. .Principal, College administration not lodging complaint a serious lapse giving room for suspicion.Calcutta High Court.In view of these allegations as well, the Court took a dim view of the State's decision to "reward" the college principal with a posting in another college, hours after he resigned from the RG Kar Medical College. "It is difficult to comprehend as to why when a person submits his resignation, the concerned authorities of the State did not exercise the two options available - namely, either to accept the resignation or refuse to accept the resignation. The appropriate authority of the State government should bear in mind the circumstances which led to the resignation," the Court said.The Court questioned what "tearing urgency" prompted the State to appoint Dr. Ghosh to his new post and made it clear that he cannot be allowed to continue in his new post.Following the Court's censure during the course of the hearing earlier today, Dr. Ghosh's counsel informed the Bench that he would immediately go on leave. "If such an application is submitted, the same shall be accepted and he shall be granted extraordinary leave and not be permitted to hold (his new post) until further directions," the Court's order added. .Kolkata doctor rape and murder: Why was Principal of RG Kar college rewarded with new post? Calcutta High Court.[Read Order]