Supreme Court refuses to transfer RG Kar rape and murder trial out of West Bengal

The Court also asked all States to give their inputs on a report submitted by a National Task Force on suggestions to tackle violence against medical professionals.

RG Kar, Supreme Court

Published on:

07 Nov 2024, 10:27 am

3 min read

The Supreme Court on Thursday rejected a plea to transfer the criminal trial in the rape and murder of a junior doctor at Kolkata's RG Kar Medical College and Hospital out of West Bengal [In Re: Alleged Rape and Murder Incident of a Trainee Doctor in RG Kar Medical College and Hospital, Kolkata and Related Issues].

The request to transfer the trial was made by a lawyer before a Bench of Chief Justice of India (CJI) DY Chandrachud and Justices JB Pardiwala and Manoj Misra.

However, the Court turned down the request.

"Yes, we have done it (transferred the trial out of State) in cases like Manipur (the Manipur violence case). But we are not doing anything like that here. No such transfer," the Court said.

"People of West Bengal are losing faith in police and judiciary," the lawyer persisted.

However, the Court was not convinced.

"Do not talk about people. Whom are you appearing for now? Do not make such general statements. There is no such thing at all," CJI Chandrachud replied.

CJI DY Chandrachud, Justice JB Pardiwala, Justice Manoj Misra

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 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 investigation into the case was eventually transferred to the Central Bureau of Investigation (CBI) by the Calcutta High Court.

A trial court in West Bengal recently framed criminal charges for rape and murder against accused Sanjay Roy in the crime. The matter is slated to be taken up next by the trial court on November 11.

Meanwhile, the top court initiated a suo motu case, in which it proceeded to examine larger concerns of workplace safety for medical professionals, apart from concerns about the probe and trial in the RG Kar case.

During earlier hearings, the Court ordered the establishment of a National Task Force (NTF) to examine the larger issues of safety and dignity of doctors and medical professionals and to address gender-based violence against such professionals at the workplace.

The NTF today submitted a report with suggestions to protect medical professionals from sexual violence or other kinds of violence and to create a safe working environment.

Advocate Kanu Agrawal, representing the Central government, informed that the report has short term, long term and medium term measures.

The Court then ordered that the report be circulated to various stakeholders including all States so that they can give their inputs in three weeks.

"All counsel can also give suggestions on how to improve the report and the ways to strengthen the recommendations. Tell us what kind of monitoring mechanism can be devised and if it can be implemented we will direct it so," CJI Chandrachud added.

The Court today also examined the CBI's updated status report on the progress of its probe and called for a further report after four weeks.

"We have seen the sixth status report filed by the CBI indicates that ... an additional sessions judge has framed charges punishable under Sections 64 and 103 of BNS (rape and murder charges). Next hearing is on November 11. Since investigation is underway, we refrain from making observations. Let an updated status report be filed after four weeks," the Court said.