The Supreme Court on Thursday criticised Kolkata Police for their 'extremely disturbing' delay in registering the case of a woman doctor who was raped and killed at RG Kar Hospital, while also urging the agitating doctors to return to work amid the fourteenth day of disruptions in healthcare services in Bengal's state-run hospitals.
The apex court, while directing the central and state governments to take immediate measures to ensure the safety of healthcare professionals nationwide, questioned the 14-hour delay in filing the first information report (FIR), as well as the reasons behind it, and scrutinised the sequence of events and timing of procedural formalities.
While hearing a suo motu case regarding the doctor's death, a bench headed by Chief Justice D Y Chandrachud, with Justices J B Pardiwala and Manoj Misra, issued several directives concerning the safety of doctors, the rights of protesters, and the responsibilities of the West Bengal government.
"Who was in touch with the principal of RG Kar Medical College? Why did he delay the FIR? What was the purpose?" the bench asked.
The court also cautioned the political parties against politicising the rape-murder of the trainee doctor, stressing that 'the law will take its course'.
Meanwhile, West Bengal Chief Minister Mamata Banerjee wrote to PM Narendra Modi demanding stringent central legislation with exemplary punishment for perpetrators of rape.
The young doctor, whose body was found on August 9, was allegedly raped-murdered while on duty, leading to the arrest of a civic volunteer by Kolkata Police the next day, and the Calcutta high court subsequently ordered the transfer of the probe to the Central Bureau of Investigation (CBI) on August 13, with the agency starting its probe on August 14.
"How was it that the post-mortem was conducted at 6.10 pm on August 9 and yet the unnatural death information is sent to the Tala police station at 11.30 pm on August 9? This is extremely disturbing," the bench said.
It directed the Kolkata Police officer, who registered the first entry about the incident, to appear in the next hearing and disclose the time of entry.
The bench said peaceful protests over the incident shall not be disturbed or disrupted by the West Bengal government.
The court, however, clarified that it has not injuncted the state government from exercising such lawful powers.
"When we say peaceful protesters will not be disturbed, we also mean proper protocol will be followed," the top court said.
It said there shall be no coercive action against doctors for protesting.
The Supreme Court also asked political parties not to politicise the rape and murder of a trainee doctor at Kolkata's RG Kar Medical College and Hospital, and said 'law will take its course'.
"Do not politicise the situation. Across the political spectrum, parties have to realise that the law will take its course. We are ensuring that law does take its course after a quick investigation," the bench said.
The ruling Trinamool Congress welcomed the Supreme Court's remarks, especially its directive not to politicise the case.
TMC leader Kunal Ghosh stated, "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 that political parties should not politicise the matter and direction the protesting doctors to get back to work. The CBI is attempting to mislead the public with distorted facts."
The opposition Bharatiya Janata Party, which has been demanding the resignation of Chief Minister Mamata Banerjee, welcomed the court's observations, asserting that the state's administration and Kolkata Police's alleged efforts to protect the culprits had been exposed.
"The state government and 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 Suvendu Adhikari, Leader of the Opposition in the West Bengal Assembly.
In response to the national outrage over the case, Mamata Banerjee wrote to Prime Minister Narendra Modi, urging the enactment of stringent central legislation with exemplary punishment for perpetrators of rape.
'It is horrifying to see this trend. It shakes the confidence and conscience of society and the nation. It is our bounden duty to put an end to it so that women feel safe and secure. Such a serious and sensitive issue needs to be addressed comprehensively through stringent central legislation that prescribes exemplary punishment for those involved in these dastardly crimes,' Banerjee wrote.
Senior TMC leader Abhishek Banerjee called for laws mandating convictions in sexual assault cases within 50 days.
Clashes erupted in Kolkata between BJP supporters and police during a march to the state health department's headquarters in Salt Lake, led by BJP state president Sukanta Majumdar and Suvendu Adhikari, as protesters attempted to break through police barricades.
Police resorted to mild baton charge to disperse the crowd, and Adhikari was detained by police during the confrontation and was released later.
Healthcare services at state-run hospitals in West Bengal have been severely disrupted as junior doctors have continued their strike for the fourteenth consecutive day in protest against the alleged rape-murder.
