New Delhi

The CBI, investigating the rape and murder of a junior doctor at RG Kar Medical College and Hospital in Kolkata, informed the Supreme Court on Thursday that their investigation was hindered by the altered crime scene.

Advertisment

The probe into the August 9 incident, which sparked protests by doctors in several parts of the country, was transferred from Kolkata Police to the CBI on August 13 by the Calcutta High Court.

A day later, a mob targeted doctors holding a protest at night and vandalised sections of the hospital.

The Supreme Court, having taken suo motu cognizance of the incident, resumed proceedings on Thursday and once again questioned the delay in filing an FIR by the Kolkata Police in the case of the junior doctor's rape and murder.

Advertisment

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

The top court also questioned the move of the state government in appointing the then principal, Sandip Kumar Ghosh, to another hospital immediately after his resignation from the R G Kar Medical College and Hospital.

After Senior Advocate Kapil Sibal, representing the West Bengal government and Kolkata Police, argued that the police had adhered to all case registration guidelines, the Chief Justice of India, D Y Chandrachud, presiding over a bench that also included Justices J B Pardiwala and Manoj Misra, stated that this still did not explain the delayed filing of the FIR.

Advertisment

Referring the status report of the CBI, the CJI said “this doesn’t justify registration of your FIR at 11:45 at night, when the body was recovered soon after 9-9.30 am”.

The CJI further said, “What was the principal's role? The college principal should have immediately arrived on campus and ordered the filing of the FIR. Who was he in contact with? What were his connections? Why was he appointed as the principal of another college as soon as he resigned? What was the purpose? He is still under investigation."

Appearing for the CBI, Solicitor General Tushar Mehta said “our investigation itself is a challenge by itself because the scene of offence is altered”.

Sibal disagreed and said “nothing is altered, everything is videographed”.

Also read: Kolkata horror: After staging rally, CM Mamata Banerjee writes to PM seeking stricter anti-rape law

Mehta replied and said, “Most shocking fact. The FIR is lodged after cremation, at 11.45 in the night. First, the parents are informed by the Deputy Superintendent that their daughter is not well. When they reach, they say she has committed suicide. Fortunately, the young doctors, the colleagues of the deceased, insisted that there should be videography. This is suggestive that even they were suspecting some cover-up.”

Sibal said, “This is entirely accusatory. I do not want to contradict my friend but the record will show what happened.”

The CJI too pointed out that only the postmortem was videographed.

The bench also inquired about the time at which the case of unnatural death was registered by the police. At one point, Justice Pardiwala said, “The entire procedure which your police have followed, it is something at least I have not come across in my 30 years…”.

Sibal asserted that the case of unnatural death was registered significantly earlier, on August 9 and that the confusion arose due to the terminology used by the police in the case diary.

He said all investigation was done in accordance with law” and there was “no delay in investigation”.

Also read: Kolkata rape and murder case: Deceased doctor`s diary reveals new details

Sibal said the protesters must follow the standard operating procedure and protest only in designated areas.

Sibal further stated that the Court had previously instructed not to take action against peaceful protesters and that if they did not adhere to standard operating procedures, the identity of the leader should not be disclosed.

The CJI said, “We have not for a moment said that the provisions of law should not be compiled with. The only thing we said is stop arresting people who are protesting peacefully.”

The matter will be heard again on September 5.

(With inputs from agencies)