RG Kar rape and murder: LIVE UPDATES from Supreme Court

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 hearing in the matter.The junior 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. Notably, the matter is already under consideration by the Calcutta High Court and it has already transferred the probe to the Central Bureau of Investigation (CBI) which is currently probing the matter. Track live updates from the hearing here..Senior Advocates Kapil Sibal. Maninder Singh, AM Singhvi, Vijay Hansaria in the front row. Solicitor General Tushar Mehta also in court..Bench led by CJI DY Chandrachud assembles..SG: If you can share the concerns with which we can assist...Senior Advocate Kapil Sibal appears for State of West Bengal.Advocate for original writ petitioner in High Court also present..Senior Advocate Maninder Singh: I am appearing for the IMA CJI: Why we decided to take suo motu though the Calcutta High Court was hearing it because this is not just a case of a horrific murder in Kolkata hospital.. but this is about the systemic issue about the safety of doctors across India..CJI: On safety, we are deeply concerned that there is the virtual absence of safe conditions for doctors working in hospitals, women doctors, resident and non-resident doctors, and the women doctors who are more vulnerable. The young doctors have to put in long hours.. No separate rest and duty room for men and women doctors and we need to evolve a national consensus for a standard national protocol for safe work conditions. Ultimately, what is equality under the Constitution if women cannot be safe in their workplace?.What is equality under the Constitution if women cannot be safe in their workplace?Supreme Court.CJI: The protocol cannot be on paper but enforceable across India. Regarding Kolkata, we are deeply concerned that the name of the victim and the photo and video of the deceased are published all across the media.. The graphic shows her body which was after the incident.. There are judgments of the court that say names of sexual survivors cannot be published. Kapil Sibal: We filed 50 FIRs. Before police reached.. all photos and videos were taken.CJI: This is terrible. This is how we provide dignity?.Deeply concerned that name of the victim and her photo and video are published across media.Supreme Court.CJI: After the crime was detected early hours of the morning, The principal tried to pass this off as a suicide, and parents were not allowed to see the body-Sibal: This is not correct CJI: Until late night, there was no FIR.Sibal: Unnatural death case was registered immediately which is a FIR.. inquest was done CJI: Did FIR say it was a murder?Sibal: Inquest shows it was a case of murder.CJI: But until late night there is no FIR saying it is a clear case of murder? Sibal: We got the accused who was a civic volunteer.. CJI: How did the principal try to pass this off as a suicide? The body was passed to parents in the evening for cremation.. Then next day doctors protested and a mob invaded the hospital and critical facilities were damaged and what was Kolkata Police doing? The crime scene is in the hospital. Police has to protect the crime scene .. What are they doing?SG: 7000 people cannot enter a place without know-how of the police.What was Kolkata Police doing?Supreme Court.CJI: When the conduct of the principal is under scrutiny, how was the principal appointed as a principal of another college immediately? CBI needs to file a status report this Thursday and let it apprise us about the status, and since it is a sensitive stage, let it be given only to us. Today we will pass an order..When conduct of principal is under scrutiny, how was he appointed principal of another college immediately?Supreme Court.CJI: We are setting up a National Task Force, which will have doctors from diverse backgrounds who will suggest modalities to be followed all across India so that safety conditions of work are there and young or middle-aged doctors are safe in their work environment. We request doctors to resume work and if patients lose their life.. We appeal to doctors that we are here to ensure their safety and security..We appeal to doctors that we are here to ensure their safety and security.Supreme Court.Justice JB Pardiwala: Who is the first informant who lodged the FIR and also tell us the time.. Sibal: The father of the deceased.. the UD report was made then.. then by the vice principal of hospital..Justice Pardiwala: What is section 174 of old CrPC today... Can someone tell us? There cannot be two complaints for the same FIR.. Sibal: It was at 11:45 pm CJI: When was the body handed over for cremation?SG: Around 8:30 pm.. CJI: Then FIR is at 11:45 pm and that is 3 hours after the cremation.Sibal: They made the complaint at 11:45..they were in shock. They wanted post mortem and it was done. All videographed.CJI: The autopsy revealed that the doctor was murdered, and the FIR was registered at 11:45 pm ? What were the authorities at the hospital doing? SG: You do not need a medical board for filing a FIR.. Sibal: The concern is how photos reached the media. We did not.. people were there who did all of this. Immediately an unnatural death case was registered.. a judicial magistrate was present and all videographer.. CJI: Parents were not there when the murder took place in hospital.. Sibal: UD report was at 2:45 pm.SG: Let us not trivialise this.. We are dealing with a doctor who was not only raped by a sexual pervert and dealt with by an animal like accused.. Let us not make this a political issue and I request State of WB to not be in a denial mode.. doctors have a grievance as they lost a colleague.. Almost 23 States have legislations which prevent damage to medical facilities and attack on doctors.. The taskforce can get into this area as well.. another thing is that if we want 500 people to come into an auditorium we need to make efforts... But here it is 7000 people who entered the facility and damaged...Let us not make this a political issue. And I request State of WB to not be in a denial mode.Solicitor General Tushar Mehta.SG: West Bengal has an in-charge DIG who is already being considered by your lordships to have allegedly fabricated evidence in the Sarada case. Let it not be done by this person.Sibal: This is the kind of misinformation we are having at the moment..CJI: What do you want to do with the principal? Sibal: Whatever the court wants to do will be done. .CJI: We will indicate our broad parameters of our intervention. Let not the power of State of West Bengal be unleashed on peaceful protesters. Whether doctors, or civil society.. let there not be power of State be unleashed on them at all..Let not the power of State of West Bengal be unleashed on peaceful protesters.Supreme Court.Sibal: They say pelvic collar bone broke.. false. Mob with help of police.. false. Disruption of protesters, false. CJI: Let CBI submit status report..Court dictates order. CJI: On August 9, a doctor who was on 36-hour shift was raped and murdered in RG Kar medical college and hospital. The pictures and videos of the deceased were circulated. On August 13, the case was transferred to CBI by the High Court. There were protesters all across the State. On 12:30 AM on August 15, a large mob vandalised the emergency ward and other areas of the hospital. Following this IMA called for nationwide withdrawal of emergency services for 14 hours.The State was expected to deploy State machinery to maintain law and order and protect crime scene. We are unable to comprehend why the State could not do so..Order dictation continued.Court is commenting on violence faced by doctors in the course of their work.CJI: Medical professionals have to brace various forms of violence. They work round the clock. The work conditions have made them susceptible to violence. In May 2024 on-duty doctors were attacked in West Bengal who died later. A nurse in Bihar was pushed by kin of a patient... Another doctor was attacked in Hyderabad. This is a sign of potent failure and systemic failure for working conditions of doctors. Due to ingrained patriarchal biases, the relatives of patients are more likely to attack the women doctors and they are more susceptible to sexual violence too and Aruna Shanbaug case is a case in point. Gender violence shows lack of safety for women in the system..Order dictation continued.CJI: Protecting safety of doctors and women doctors is a matter of national interest and principle of equality does not demand anything less. The nation cannot await another rape for it to take some steps. There are legislations in the State to protect medical professionals but they do not address the systemic issues. .Protecting safety of doctors, women doctors a matter of national interest. Nation cannot await another rape to take some steps.Supreme Court.Order dictation continued.CJI: We are highlighting lack of institutional safety for medical professionals: no resting step for doctors on late night medical duty no rest rooms for doctors, interns, residents and non residents who undergo 36 hour shifts basic conditions of hygiene, etc is not present nurses and female doctors are left to attend unruly peopleno restroom facilities for the doctorsno transport for the doctors to reach back home after long shiftsno properly functioning CCTV cameraslack of screening for arms and ammunitionsaccess of patient family members all across the hospitals.Order dictation continues.CJI: A national consensus must be evolved.. Thus we are putting together a list of members as part of National Task Force: Surgeon Vice Admiral Arti Sarin Dr D Nageshwara Reddy Dr M Sreenivas Dr Pratima Murthy Dr Goverdhan Dutt Puri Dr Saumitra Rawat Prof Anita Saxena, Head Cardiology, AIIMS Delhi Prof Pallavi Sapre, Dean Grant Medical College Mumbai Dr Padma Srivastava, Neurology deparmentt, AIIMS .Ex officio members of the national task force: (i) Cabinet Secretary to government of India, (ii) Home secretary to government of India, (iii) Secretary, Union Health Ministry, (iv) Chairperson of National Medical Commission, (v) President of National Board of Examiners..Order dictation continued.CJI: The taskforce shall look into the safety, wellbeing of medical professionals and other cognate matters highlighted. The NTA shall consider following to prepare an action plan, prevent gender based violence, prepare a national plan to prepare dignified working of interns, resident, non resident doctors:1. Areas of emergency room may need additional security;2. Baggage screening needed to prevents arms from entering;3. Not allowing persons beyond a limit if they are not patients; 4. Security to manage crowd; 5. Have rest rooms for doctors and gender neutral spaces for resting of doctors, nurses; 6. Such areas to have biometrics and facial recognition; 7. Proper lighting of all areas, installation of CCTV in all places; 8. Transport from 10 pm to 6 am for medical professions; 9. Conducting workshops for handling grief and crisis;10. Quarterly audits of institutional safety measures; 11. Establishing police force commensurate with footfall; 12. POSH Act applies to medical establishments. thus ICC to be constituted;13. Helpline number to be there for emergency of medical professions..CJI: The phrase medical professionals in this judgment encompasses every medical professional, including doctors, medical students who are undergoing their compulsory rotating internships, resident, senior resident doctors, nurses including nursing interns. .CJI: The National Task Force (NTF) shall make report on all aspects of the action plan mentioned as above and the other aspects could also be included. NTF shall also suggest appropriate timelines based on which suggestions can be implemented by the hospitals on the basis of their existing infrastructure. NTF is requested to furnish interim report in three weeks and final report within 2 months of date of this order..CJI: All States/UTs through their secretaries in Health Departments and the union government through secretary in Ministry of Health must collate information from all hospitals run by the States and the central government on following aspects: 1. How many security professionals are employed at each hospital 2. Whether there is baggage screening at entry 3. Number of resting rooms 4. Facilities provided in such rooms 5. If all areas in hospital can be accessed by CCTV 6. Training for hanging grief of patients 7. If there are police outposts outside the hospital 8. if ICC as per POSH is in place This data shall be tabulated and submitted by central government within a month by way of an affidavit. .Order continued.CJI: CBI shall submit a status report by August 22, 2024 on the progress of investigation of crime. State of WB to furnish a report by August 22 on the progress of investigation on acts of vandalism which occurred in the hospital in the aftermath of the incident at RG Kar medical college and hospital..CJI: Is the principal (Dr. Sandip Ghosh) on leave or suspended? Sibal: SIT is also constituted and he is on leave as directed by High Court. SG: Whatever is shared by State must be given to CBI.. Sibal: Whatever is on social media is not correct. CJI: But there is unexplained delay in registration of FIR. State must ensure that those vandalised.. Sibal: 37 arrested and 50 FIRs have been filed. SG: 50 FIRs? This is precipe for non-investigation.CJI: Show us the autopsy report.. Sibal: It is all handed over to CBI, even the case diary is with CBI..Senior Advocate Kapil Sibal hands over the inquest report to the Bench.Justice Pardiwala: Hand over the compilation to us.SG: One copy to us also. Sibal: I know why you are asking.. Senior Advocate Menaka Guruswamy for WB: This is the inquest report, flagged..Justice Pardiwala: Who is the main accused?Sibal: It was a civic volunteer... His bluetooth device was found near the deceased and this was connected and this the accused was nabbedSenior Advocate Maninder Singh: IMA and other stakeholders had given draft suggestions and thereafter a legislation was framed.. IMA can be made part of this NTF..CJI: We have said all stakeholders will be consulted ... You can write to MoH secretary and IMA will be consulted as well..Senior Advocate Vijay Hansaria: A distress call system can be included. CJI: It is already there..CJI: List on August 22. We expect the state of WB till there is a necessary restraint in the face of peaceful protests and that power of State is not unleashed on them. .CJI: Since this court is seized of the matter regarding safety of all medical professionals, we request doctors protesting all across the country to resume work as it affects patients to avail health related services. Doctors and medical professionals are receiving considerations by the highest court of the country. .Advocate for certain doctors: Women doctors are being called back by parents because they are not feeling safe. That very date (when vandalism took place), police just left them and the police hid in the changing room of the nurses. I do not want to get caught in political battle ... I have three copies of a representations. Lordships may just see, what is the position of the doctors.SG: We also received complaints. This is the harsh reality on ground. There is a reason my learned friend is not keeping mum.Sibal: What is this? We have given entire case diary (to CBI), what more do you want?.Court reads complaint by women doctors who were threatened of rape.CJI: This is a very serious issue Mr. Sibal ... 37 were arrested.. and they were recognized from the CCTV footage. West Bengal government could not have been unaware of the fact that when there are those protests, there will always be another segment that will come and disrupt it. Women doctors are assaulted, the police run away from the scene. Thereafter women doctors are called out by name, the people leading the protests, and they are threatened with the same fate that has befallen the other (deceased victim) ... What was the police force doing in anticipation?Sibal: There were 150 policeman, outside the hospital, in anticipation. But 7000 people came, by the the time we got additional forces, this vandalism took place ... CJI: It doesn't appear 7000 people vandalised the place. 80-90 people maximum, they indulged in vandalism.Sibal: We have the video, we will show it. No issue on that. No police ran away. If these allegations, if you take it at face value - we have a problem.CJI: We don't want to disclose their name. But please, rest assured, this is not an ordinary complaint which has been made to us now..CJI: Mr. Sibal, this email was sent by this particular doctor on August 19 to ID of the Kolkata police at 10 PM.. Tell us one thing, what did police do?Sibal: Yesterday we have taken action ... Please see the video, milords. This is better. I am not here to defend anybody (who has done wrong), please, rest assured..Justice Pardiwala: We made an appeal to doctors to resume duty as the marginalised are suffering. Now if we ask police to provide security to these women doctors then will this police protect the doctors? Which police will safeguard the hospital?.CJI: Let CISF provide security to the RG Kar Medical College and Hospital. SG: State knows who made the complaint to you.. let more security be provided to that person..Advocate: There are 700 residents, 250 are ladies in total and now only 100 are remaining in all. 30 to 40 female residents and 60 male residents remain. Rest all have fled..Court adds to order.CJI: On the night of August 15 when, acts of vandalism took place in RG Kar Hospital. A mob is said to have systematically attacked male and female doctors. Ms Aparajita Singh, appearing on behalf of the organisation of doctors from West Bengal (protect the warriors) has placed on record an email dated August 19, 2024 by a senior resident of the hospital detailing the incident which took place. CJI: We have been apprised of the fact that there were around 700 resident doctors in RG Kar Medical College and Hospital ... following the incident.. most of the resident doctors have left their place of duty and now 30-40 female and 60 male doctors remain in their hostels. CJI: It is essential to maintain safe conditions for doctors to return to their duty, not only to pursue their own education but to address medical care to their patients. Thus we have been assured by SG Mehta that CISF shall be deputed in sufficient numbers to guard the facility of the RG Kar Medical College and Hospital ... Mr Sibal says there is no objection since the aim is to safeguard the place. Sibal: But then they (CISF) will be responsible. There can't be two kinds of forces. CJI adds to order: Any concern regarding to their (doctors') safety can be placed by an email to the registrar judicial of this court..CJI: We will take it up on Thursday morning. Please come back to us, we assure all doctors, whatever concern they have, please place it before us. We will assuage their grievances. This is non-adversarial. .CJI: We will have a brief hearing in Thursday and then we will continue on Tuesday. You can submit the submissions by Thursday morning also. Suo motu proceedings end. Bench rises.

RG Kar rape and murder: LIVE UPDATES from Supreme Court

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