Kolkata doctor rape-murder case: Court orders WB govt to not take action against 'peaceful' protesters

Amid the bickering between the state government and CBI, the bench is forced to intervene. 

"Don't politicise this, the law is taking its course. We are also concerned about the welfare and safety of doctors, we will not lay down such guidelines, we will enforce the protocols," the court said. 

"An apprehension is expressed on behalf of doctors stating that they are likely to be caught, some are already proceeded against for the protest," said CJI. 

"We are expecting compliance given to the Court that doctors will join the duties, if any actions are taken against doctors protesting, we direct that no coercive steps be taken against them....get back to work now, if any action is taken against in the past for the protest, we have said no coercive step."

Court orders the Mamata Banerjee government to not disturb the peaceful protests. 

"This court has not injuncted the state from exercising such lawful powers as entrusted in law, however, we categorically affirm that peaceful protests shall not be disturbed and state shall not take action against those peacefully protesting against the incident at RG Kar College," the CJI said. 

CJI: "What is the reason (a) for FIR to be lodged 14 hours of delay; (b) the principal of the college should have supposed to come straight to the college and filed the FIR, whom is he protecting ? (c) he had resigned and assigned another college?"

The court will resume post lunch. 

After CJI questions the timing of the filing of the unnatural death, counsel interjects to claim that 150gm of semen was found. 

CJI: Don't use social media to make argument, we have the PMR before us, don't read what is there on the social media. 

WB government claims it has given the Case Diary to CBI already, to which the agency says it will revert soon. 

Justice Pardiwala continued to grill the WB government: "The entire procedure followed by your State is something which I have not come across in the 30 years of my....the first thing, is it true that the unnatural death was recorded at 10:30 hours? second, who is this asst. Superintendent, Non-Medical, her conduct is also very doubtful, why did she act in this manner?"

Justice Pardiwala grills state government: "When you took the dead body for post mortem, then was it a case of unnatural death or not...if it was not unnatural death then what was the need of PM?"

CJI: "One aspect is very disturbing. The unnatural death entry was made at 10:10 am. The police was informed it was an unnatural death and disregarding all this the demarcation of crime scene etc. happened in the night?"

To which the WB government replied: "No no no, we have given a timeline which is backed by videography."

CBI requests for the timeline. 

Upon being asked to furnish the medical report of the accused, CBI said they did not have it as the crime scene was altered. 

"We didn't know there is such report, we entered the investigation on the 5th day, everything was altered," said CBI to which WB government said: "Everything is videographed not altered."

The bench, led by CJI Chandrachud is going through the status report submitted by the respective parties. 

The trainee doctor was raped and murdered after a gruelling 36-hour shift. The CJI reflected on the same and said: "We have in fact highlighted the same aspect.. that there is a hierarchical nature of public hospitals and junior doctors are susceptible to different kinds of harassment and not just sexual harassment. We have got so many emails and we have been flooded...48 or 36 hours of duty is not good."

CJI Chandrachud: NTF will include resident doctors, Please assure the resident doctors that they will be heard by National Task Force(NTF).

AIIMS Resident Doctors, Nagpur make a mention in front of the bench they were being attacked for protesting against the Kolkata rape incident. They are not being allowed for exams. 

CJI replies: "If they are on duty they will not be marked absent and if they are not on duty then law will be followed. ask them to first return to work.. no one will take adverse action against any doctor...if there is difficulty after that then come to us.. but let them first report to work."

Supreme Court to hear suo motu case in connection with the rape and murder case in which a 31-year-old resident doctor. The bench has assembled after a delay of 45 minutes.