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The Central Bureau of Investigation (CBI) alleged in the Supreme Court on Thursday that there was an attempt to cover up the rape and killing of a post-graduate medic at Kolkata's RG Kar Medical College and Hospital by the local police as the crime scene was altered by the time the federal agency took over the probe.
Appearing in the court on behalf of the CBI, Solicitor General Tushar Mehta told a bench headed by Chief Justice D Y Chandrachud that senior doctors of the hospital as well as the victim's colleagues had asked for videography, which means even they had felt that there was a cover-up.
"We entered the probe on the fifth day. Before that, whatever was collected by the local police was given to us. The investigation itself was a challenge because the scene of offence was altered. The FIR was registered only after the (victim's) cremation at 11.45 pm.
"First, the parents of the victim were informed by the deputy superintendent (of the hospital) that she was not well. When they reached the hospital, they were told that she had committed suicide..... Fortunately, the colleagues of the deceased insisted for videography. This suggests that they were suspecting a cover-up," Mehta told the bench, also comprising Justices J B Pardiwala and Manoj Misra.
The solicitor general further submitted that when a call was made to the Tala police station in the morning of August 9, the doctors told the cops that the victim was unconscious, although she was already dead.
Appearing in the court on behalf of the West Bengal government, senior advocate Kapil Sibal opposed Mehta's submissions, saying everything was video-graphed and nothing was altered at the crime scene.
Sibal said the Kolkata Police followed the procedure scrupulously and the CBI's status report only attempts to muddy the waters.
He said the CBI must inform the court what progress it has made in the case in the last one week.
During the hearing, Mehta criticised Sibal for allegedly laughing while he was pointing out the gaps in the registration of the first information report (FIR) by the police.
"A girl has lost her life in the most inhuman and undignified manner. Somebody has died. Do not at least laugh," Mehta told Sibal.
The solicitor general said this is not an attempt to muddy the waters but to remove mud from the waters because the situation involved is delicate.
Sibal said everybody acknowledges that the incident is 'tragic and barbaric'.
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Don't politicise, law will take its course: SC
The Supreme Court asked political parties not to politicise the rape and murder incident, and said 'law will take its course'.
The bench told Mehta and Sibal that across the political spectrum, parties have to realise that law will take its course.
Submitting that statements should not be made, Mehta said, "A sitting minister of the State of West Bengal has made a statement that if anybody talks anything against our leader (Mamata Banerjee), his fingers will be chopped off."
Retorting to his submission, Sibal said that 'leader of opposition Suvendu Adhikari has said bullets will be fired'.
The bench said, "Do not politicise the situation. Across the political spectrum, parties have to realise that law will take its course. We are ensuring that law does take its course after quick investigation."
The top court said it is concerned with safety and welfare of doctors and will pass enforceable directions on the issue.
TMC minister Udayan Guha has sparked controversy by claiming that fingers of those blaming West Bengal Chief Minister Mamata Banerjee and demanding her resignation over the RG Kar hospital incident would be broken.
While talking to a news channel, Adhikari had allegedly said, "Resign by Monday or you (Mamata Banerjee) will be held responsible or bullets are fired on Tuesday."
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TMC backs Supreme Court's remarks, criticises CBI
The ruling TMC, meanwhile, welcomed the Supreme Court's remark not to politicise the rape-murder and accused the CBI of presenting 'misleading facts'.
"We don't want to comment on what the apex court has said as the matter is sub-judice. However, we welcome the Supreme Court's observation asking political parties not to politicise the matter and directing the protesting doctors to get back to work. Some political parties are trying to politicise the incident, and the CBI is attempting to mislead the public with distorted facts," TMC leader Kunal Ghosh said.
The TMC leader also said the state government will adhere to the court's instructions.
"Political parties that have been attempting to politicise the incident for their vested interests should now learn their lesson," he added.
The opposition Bharatiya Janata Party, which has been calling for the resignation of Chief Minister Mamata Banerjee over the incident, also welcomed the SC's observations.
The BJP claimed that the state administration and Kolkata Police's alleged efforts to protect the culprits have been exposed.
"The West Bengal government and Kolkata Police have been trying to protect the culprits and conceal the truth from the beginning. They have also used brute force against protesters. The TMC government was exposed in the Supreme Court today," said Leader of the Opposition in the West Bengal Assembly, Suvendu Adhikari.