The Supreme Court noted that the Kolkata Police did not adhere to the guidelines outlined in the Code of Criminal Procedure (CrPC) for handling cases of unnatural death.
CJI D Y Chandrachud(Centre)
The Central Bureau of Investigation (CBI), now handling the probe into the rape and murder of a trainee doctor in Kolkata, informed the Supreme Court on Thursday that they were assigned the case five days after the crime, by which time crucial evidence had been “altered.”
Solicitor General Tushar Mehta, representing the CBI, told the Supreme Court, “CBI took over the investigation on the fifth day, but by then, everything had been altered.”
The CBI submitted its status report in compliance with the Supreme Court’s directive from Tuesday, raising concerns about discrepancies in the date and time recorded by the Kolkata Police. The agency also informed the court that the former principal of RG Kar Medical College, who is under questioning, was implicated in several financial irregularities at the college, including allegations that surveillance cameras at the facility were rented instead of purchased.
“One troubling aspect is that while the Daily Diary (DD) entry by Kolkata Police was made at 10:10 am, the crime scene was only secured late in the evening,” SG Mehta told the three-judge bench, headed by Chief Justice of India DY Chandrachud.
Kolkata Police Fails to Follow CrPC Rules: SC The court asked senior lawyer Kapil Sibal, who represented the Bengal government, about the timing of the post-mortem. Sibal replied that the autopsy was conducted between 6:10 pm and 7:10 pm.
The court noted that since the body was taken for autopsy, it was an apparent case of unnatural death. The court then asked Sibal about the timing of the inquest panchnama.
After further questioning, the Supreme Court observed that the Kolkata Police had not followed the guidelines of the Code of Criminal Procedure (CrPC) for handling an unnatural death case. The court directed Sibal to bring the police officer responsible to the next hearing to explain the sequence of events after the body was discovered.
Justice JB Pardiwala remarked, “In my 30 years of experience, I have never encountered a procedure like the one followed by your state (West Bengal).”
The Supreme Court noted that although the crime occurred at night, the crime scene was not secured until more than 18 hours later, around 7 pm on August 9, after the post-mortem was completed.
The court pointed out, “An unnatural death case was registered at 11:30 pm after the officer returned to the police station—this was after the post-mortem.” The court then suggested that the CBI look into these irregularities.
Solicitor General Mehta further noted that the FIR was filed at 11:45 am, after the body was cremated, and that videography of the crime scene was conducted only after senior doctors and the victim’s colleagues raised concerns, suspecting foul play.
The Supreme Court also directed the Kolkata Police officer who made the first entry regarding the rape and murder incident to appear at the next hearing to clarify the timing.
During Tuesday’s hearing, after taking suo-motu cognizance of the case, the Supreme Court bench criticized the West Bengal government and the role of the state police, as well as the former principal of the institution, Sandip Kumar Ghosh. The bench suggested that there appeared to be an attempt to pass off the murder as a suicide.
Case Diary
The case involves the rape and murder of a trainee doctor at Kolkata’s RG Kar Medical College and Hospital on August 9. The prime suspect, civic volunteer Sanjoy Roy, has been arrested. Amid ongoing protests, vandals entered the state-run RG Kar Medical College on August 14 and damaged parts of the facility where the victim’s body was found. On August 13, the Calcutta High Court ordered the transfer of the investigation from Kolkata Police to the CBI.
This horrific incident has sparked nationwide protests, with demands for a swift and thorough investigation.
