The Supreme Court of India, led by Chief Justice DY Chandrachud, has issued a critical directive for the Central Bureau of Investigation (CBI) to submit a fresh status report on the Kolkata rape-murder case by next Tuesday. This development follows the court’s scrutiny of various procedural issues and the impact of the ongoing doctors' strike in West Bengal on the case and public health.
Chief Justice Chandrachud expressed serious concerns about the West Bengal government's handling of the investigation, particularly criticizing the significant delay in filing the First Information Report (FIR) and the missing autopsy document. The absence of the challan, which is a crucial document for the post-mortem process, was highlighted as a major lapse. The challan records essential details about the material sent with the body for examination, and its absence raises questions about the thoroughness and accuracy of the forensic investigation.
Solicitor General Tushar Mehta, representing the CBI, confirmed that the challan was not part of their records, which complicates the post-mortem procedures. The Chief Justice questioned how the post-mortem could proceed without a formal request, emphasizing the importance of adhering to established legal procedures in such sensitive cases.
The timing of the unnatural death report has also come under scrutiny. Senior advocate Kapil Sibal, representing the West Bengal government, mentioned that the death certificate was issued at 1:47 p.m., while the police recorded the entry of the unnatural death at 2:55 p.m. However, Mehta countered this, referring to records indicating that the report was filed at 11:30 p.m., raising concerns about inconsistencies in the reported timeline of events.
Additionally, the CBI has flagged issues with the forensics report, including questions about the collection and storage of samples. The agency plans to send the samples to the All India Institute of Medical Sciences (AIIMS) in Delhi for further examination. The forensics report revealed that when the body was recovered, it was semi-nude and showed injury marks on private parts, highlighting the severity of the case.
The Chief Justice also emphasized the need for complete CCTV footage and an understanding of who accessed the scene after the accused left. Sibal assured the court that all actions were video-recorded with a judicial magistrate present, aiming to provide transparency in the investigation.
In parallel to the investigation concerns, the Supreme Court addressed the impact of the doctors' strike in West Bengal. Chief Justice Chandrachud has urged the striking doctors to return to work by 5 p.m. on Tuesday, warning that failure to do so could lead to disciplinary action. The court highlighted the critical nature of the strike, noting that it has led to 23 reported deaths due to the disruption of essential medical services. The Chief Justice stressed that while protests are a right, they cannot compromise patient care and public health.
The Centre has reported difficulties related to security at RG Kar Medical College and Hospital, citing challenges such as inadequate accommodation and resources for CISF personnel. The Supreme Court has directed both the state government and CISF to address these issues urgently, including providing necessary accommodations and transportation by specified deadlines.
As the case progresses, the Supreme Court's oversight aims to ensure that the investigation is handled diligently and that public health concerns arising from the doctors' strike are addressed effectively. The court’s directives reflect its commitment to both justice in the rape-murder case and the welfare of the public affected by the strike.
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