Kolkata: Observing that there was no significant development in the police investigation of the rape and murder case of RG Kar PG Respiratory Medicine doctor, the Calcutta High Court today transferred the case for further investigation to the Central Bureau of Investigation (CBI).
While considering the pleas in this regard, the Division bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya noted that the deceased's parents expressed an apprehension that if the investigation were allowed to continue in this manner, it would derail.
Handing over the charge of the investigation to the CBI asking the Bureau to take it up on a priority basis. Further, the bench has also asked the Bureau to file a report regarding the progress of the investigation on the next date of hearing after three weeks.
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Noting that the college did nothing in its power to aid in the investigation process, the Court was quoted observing by Live Law, "The parents of the victim have an apprehension that if the investigation is allowed to continue in this manner, it will derail. Therefore they pray for extraordinary relief. One more disturbing aspect is that a case of unnatural death was registered. It is submitted that such cases are registered when there is no complaint. When the deceased was a doctor in the same hospital, it is surprising why the principal did not lodge a complaint. There has been no significant progress in the investigation. The administration was not with the victim or her family. The principal has not even given a statement. Without significant progress in the investigation, we would be well justified in accepting the prayers by the victim's parents that evidence would be destroyed. Therefore we transfer the investigation to the CBI to do justice between parties and to inspire public confidence."
Today while considering the pleas, the Court had sought to know from the State why the police initially registered the deceased's death as a suicide. Noting that the deceased's parents were informed that she had committed suicide and they were made to wait for hours before they were permitted to see her body, the Court observed today "If it is a fact that somebody called the parent and told them that it was sickness and then suicide, there is a miss somewhere. If this is true that they were made to wait and mislead then the administration is loitering with them. You cannot treat the deceased like this. There should be more sensitivity. Suppose the doctors are made parties and they claim that the principal blamed the deceased and said she had psychosis, it is very serious. By now a statement should have been recorded from the principal."
Further, the Court also questioned why the Principal of RG Kar Medical College, who resigned from his post yesterday, was rewarded with another appointment within 12 hours. Observing that he should not work anywhere, the Court has asked the State to let him go on a long leave, adding that otherwise, it would pass an order.
"If the principal has stepped down owing moral responsibility, rather serious that he is rewarded within 12 hours with another appointment. There is an apprehension that with lost time there is something that will go wrong. No man is above law, how did he step down and then be rewarded with another responsibility? The principal is the guardian of all doctors working there, if he doesn't show any empathy who will show? He should be at home not working anywhere. So powerful that a government counsel is representing him? The principal will not function. Let him go on long leave. Otherwise, we will pass an order," the court observed.
had earlier reported that the half-naked body of the deceased was recovered from the seminar hall of the hospital on Friday morning. A preliminary autopsy report has indicated sexual abuse before she was killed. As per the inquest report, there was bleeding from the doctor's eyes and mouth, injury on the face and nails, bleeding from her genitals, and several other injury marks on different parts of her body. Soon after the news of this horrific incident came to light, doctors in Bengal and across the country started a massive protest demanding justice.
Today, the Court observed that the administration was not with the victim's family, further taking note of the fact that Principal had not issued any statement.
"We can't understand. You didn't find the body on the road? The principal could have been the complainant. So you will reward him?! (for not filing a complaint) That's enough. We have heard. You are protecting him. this is unacceptable. Suppose you find a body on the road- even then - every day the newspapers have request for information. This is inhuman," observed the HC bench.
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