Amid massive protests over the gruesome rape and murder of a 31-year-old doctor in Kolkata’s RG Kar Medical College and Hospital, the Calcutta High Court on Tuesday ordered that the investigation should be transferred to the Central Bureau of Investigation (CBI).
A Bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya also ordered that the case be handed over to the central investigative agency until tomorrow morning (August 14). Further pointing towards the lapses in the investigation, the High Court stated that no significant probe was conducted by the police in the case.
Justifying the CBI probe, the court said, “This is to do justice between parties and to inspire public confidence.”
Additionally, the High Court directed that the former principal of the college shall remain on long leave and shall not be reinstated untill further notice. “The state should bear in mind the circumstances under which the resignation came. Therefore, even if the resignation was not accepted, he could have been relieved from duties and not assigned any other duties,” the court added.
Questioning the college principal, the court said, “The former principal and college administration not lodging complaint was a serious lapse giving room for suspicion.”
The court recorded submissions of the kin of the victim who alleged that if the probe remains with the police, the investigation might get hampered. “The family members and others believe that the rape and murder was carried out by multiple people,” the court asserted.
Calcutta HC Raps West Bengal Govt
Earlier in the day, the High Court rapped the West Bengal government over the alleged rape and murder of a postgraduate trainee doctor at Kolkata’s RG Kar Medical College and Hospital. Calling the incident “gruesome”, it asked the state what assurances it has given to the protesting healthcare professionals.
A division bench headed by Chief Justice TS Sivagnanam, with Justice Hiranmay Bhattacharya, observed that “something is missing” in the probe. It questioned how the then principal Sandip Ghosh, who submitted his resignation on Monday (August 12), was reinstated as the principal of another premier medical college within hours.
After the high court asked his counsel to produce his resignation letter and the subsequent appointment letter, Ghosh applied for a leave of 15 days. The court said first there was an attempt to cover up the rape-murder of the woman doctor as a death by suicide, which was then followed by irresponsible statements from the former principal.
“If he has stepped down citing some moral responsibility, isn’t it rather surprising that you should reward him? The principal is the guardian of all the working doctors working. If he didn’t show any empathy, who else will? Your client (principal) shouldn’t be working, he should be at home. He is so powerful that a government counsel is representing him?” the court asked.
“Your client (principal) will not function. Ask him to step down; we give him an option to submit his leave application by 3 pm today otherwise an order shall be passed,” it observed.
The high court further observed that the protesting doctors are hurt and justified in expressing their emotions. It asked the state government to get in touch with the doctors as “they need to be heard”. After it asked for a detailed report into the case in a sealed cover, the court also questioned why there is a wait in transferring the probe to the Central Bureau of Investigation.
The victim’s parents had moved the HC, seeking a court-monitored investigation in the case. A number of other PILs were also filed that sought a CBI probe into it.
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