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Order Questions Police Response

Flagging procedural lapses by multiple cops who were among the first responders of the crime, the judge has said, “The helpless father of the victim ran from pillar to post to get relief and to lodge the complaint.”

“It is not understandable to me why the police personnel of Tala PS (police station) kept everything behind a curtain and why such type of illegal acts was done by the concerned officer of Tala PS,” the order says.

The judge also pointed out the accused, Sanjoy Roy, was pampered by an Assistant Sub-Inspector Anup Dutta. “…he gave him an unbridled power and the accused availed the benefit of the same and started a life which does not go with the lifestyle of any member of a disciplined force,” the order says.

Asking the police commissioner to tackle such “illegal/indifferent acts in a very strict way”, the court stressed the need for proper training of officers to tackle investigation that rests upon electronic and scientific evidence”.

“On perusal of the evidences I am of the view that if the officers of Tala PS would take proper initiative by applying their intellect at the very first time, the matter would not become so complicated. I am sorry to comment that that the officers of Tala PS showed a very indifferent attitude from the very inception,” the order says.

A court in Kolkata pronounced the sentence in the sensitive case yesterday

A court in Kolkata pronounced the sentence in the sensitive case yesterday

Tough Talk On Hospital’s Response

The order notes that the state-run hospital’s representatives, in their phone calls right after the doctor was found dead, told the police as well as the victim’s father that she had died by suicide. “…it is clear that a story of commission of suicide of the victim was in the air.”

“There is no doubt to consider that from the end of any authority, efforts were made to show the death as a suicidal one so that the hospital authority would not face any consequences,” the order says.

The judge added that this “illegal dream” of the authority was not fulfilled because the juniors doctors started protesting. “Being the court of law, I condemn such attitude of the R.G Kar hospital authority,” the order says.

“It is fact that without post-mortem, the cause of death could not be ascertained but being the doctors why they did not consider that the said death was an unnatural one and it was obviously, the duty of the hospital authority to intimate the police,” it adds.

“The said act of the administrative head of the concerned hospital creates a shadow of doubt about the fact and it seems that they wanted to suppress anything and that there was dereliction of duty on their part,” the order says.

‘Sufficient Evidence To Establish Guilt’

The judge has stated that while the evidence on record did create “confusion”, “the accused has no right to get any relief, if sufficient materials to prove his involvement can be established by the prosecution”. “…think that the illegal/indifferent/lackadaisical acts on the part of the police authority of Tala PS as well as the administrative wing of R.G Kar Medical College and Hospital will not stand as a stumbling block on the way of trial of this case,” the order says.

The judge said he is of the view that “the prosecution correctly discharged the burden and placed sufficient evidence to establish the guilt of this accused”.

The court noted that the defence could not establish the presence of any other person other than Roy and the victim in the seminar room at the time of the incident.

“The accused got the scope to explain the circumstances but he failed to offer any alternative explanation denying his presence at the scene of crime. He was unable to negate the contention that no one else could have inflicted the said injuries over the person of the deceased (victim). The bald plea of denial offered by the accused and his explanation made at the time of his examination U/s 351 BNSS, do not lead me to hold that the accused could place any satisfactory explanation for which any suspicion can arise in the mind of the court.”

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What Was The Motive

The order notes that Roy had said he was drunk when he entered the hospital premises. The court said there was no hostility between the victim and Roy and he attacked her “on sudden impulse” to “meet his lust”. “The victim was obviously not his target or that it was not known to him that the victim was there in the said Seminar Room and the offence committed by him was not pre-planned,” the order says.

Citing precedents in law, the court said many murders have been committed without any known or prominent motive. “After all, motive is a psychological phenomenon. Mere fact that prosecution failed to translate that mental disposition of the accused into evidence, does not mean that no such mental condition existed in the mind of the assailant,” the order says.

“No proof can be expected in all cases as to how the mind of the accused worked in a particular situation but the same by itself is insufficient to lead to any inference adverse to the prosecution… I hold that the prosecution case will not face the failure for want of direct evidence about the motive of the convict,” it adds.

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Why Not Death Penalty

The order notes that the nature of the crime is “particularly heinous, characterized by its brutality and the vulnerability of the victim”.

The court said that the Indian judicial system has a stringent criteria for imposing the death penalty, reserving it for cases that are “exceptionally heinous and shock the collective conscience of society”.

“When considering the imposition of capital punishment, courts must grapple with a complex web of legal, moral and societal considerations. The principle of proportionality is paramount – the punishment must fit the crime. In cases of extreme brutality and cruelty, where the offence shocks the conscience of society, the argument for the ultimate punishment gains strength. However, this must be balanced against the principles of reformative justice and the sanctity of human life,” the order says.

The possibility of reformation, it adds, is another crucial factor that courts must consider. “The judicial system must weigh whether the convict, given the nature and circumstances of their crime, shows any potential for rehabilitation and reintegration into society.”

The court cited the Bachan Singh vs State of Punjab judgment in 1980 which held that “life imprisonment is the rule and death sentence an exception”.

“The judiciary’s primary responsibility is to uphold the rule of law and ensure justice based on evidence, not public sentiment,” the order says, noting that there is there is no evidence of prior criminal behaviour by the convict.

“In the realm of modern justice, we must rise above the primitive instinct of ‘an eye for an eye’ or ‘a tooth for a tooth’ or ‘nail for a nail’ or ‘a life for a life’. Our duty is not to match brutality with brutality, but to elevate humanity through wisdom, compassion and a deeper understanding of justice. The measure of a civilized lies not in its ability to exact revenge, but in its capacity to reform, rehabilitate and ultimately to heal,” it says, adding that the case does not meet the ‘rarest of the rare’ criteria.

“The court must resist the temptation to bow to public pressure or emotional appeals and instead focus on delivering a verdict that upholds the integrity of the legal system and serves the broader interests of justice,” the order says.




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Mamata Banerjee Reacts To RG Kar Case Verdict https://artifex.news/kolkata-doctor-rape-murder-rg-kar-rape-murder-case-if-case-stayed-with-us-mamata-banerjee-reacts-to-rg-kar-case-verdict-7516614rand29/ Mon, 20 Jan 2025 10:33:53 +0000 https://artifex.news/kolkata-doctor-rape-murder-rg-kar-rape-murder-case-if-case-stayed-with-us-mamata-banerjee-reacts-to-rg-kar-case-verdict-7516614rand29/ Read More “Mamata Banerjee Reacts To RG Kar Case Verdict” »

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Kolkata:

Kolkata Police would have ensured death penalty for the convict in RG Kar rape and murder case, but the probe was taken away and handed over to the CBI, West Bengal Chief Minister Mamata Banerjee said today, minutes after a city court sentenced Roy to life imprisonment.

“We demanded death penalty from Day 1. We demand it now too. But it’s the court’s order. I can share my party’s opinion. We ensured death penalty in three cases within 60 days. If the case stayed with us, we would have ensured death penalty long back. I don’t know the details.”

“The case was taken away from us. We had said that if we cannot do it, then hand it over to CBI. Because we want justice,” she said, adding that she was “not satisfied”.

The Trinamool Congress government had come under heavy criticism after a 34-year-old doctor was found raped and murdered on August 9 in a seminar hall at the state-run RG Kar Medical College and Hospital in Kolkata. Amid allegations of a hush-up involving top state government officials, the Supreme Court had ordered the CBI to take over the investigation into the case that sparked nationwide protests.

Five months on, a Kolkata court today sentenced Sanjay Roy, a civic volunteer, to life imprisonment and noted that the prosecution had failed to establish that the case fell in the ‘rarest of the rare’ category to warrant a death penalty.

The court also ordered the State to provide a sum of Rs 17 lakh as financial assistance to the doctor’s elderly parents. The couple, however, said they do not want compensation but justice. The judge, however, said they are entitled to the assistance as per law and urged them not to see it as compensation.

The victim’s parents and doctors still protesting against the incident believe that the crime was not committed by Roy alone.

Doctors in Kolkata have been protesting against an alleged cover-up by the state government to shield people close to the ruling party. Ms Banerjee has trashed such allegations and had, in fact, led a protest march to demand justice for the victim. 




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Bust Of RG Kar Horror Victim Sparks Row https://artifex.news/rg-kar-hospital-news-kolkata-doctor-rape-murder-case-disrespectful-or-required-bust-of-rg-kar-horror-victim-sparks-row-6707354rand29/ Thu, 03 Oct 2024 10:51:13 +0000 https://artifex.news/rg-kar-hospital-news-kolkata-doctor-rape-murder-case-disrespectful-or-required-bust-of-rg-kar-horror-victim-sparks-row-6707354rand29/ Read More “Bust Of RG Kar Horror Victim Sparks Row” »

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Kolkata:

A bust to honour the junior doctor raped and killed at Kolkata’s RG Kar Hospital in August has triggered a row, with many supporting its installation but others, including ruling Trinamool Congress leader Kunal Ghosh, calling it “disgusting”, “disrespectful” to the woman’s memory, and “the worst thing ever”.

The fibreglass bust – titled ‘Abhaya: Cry of the Hour’ and installed at the hospital and made by sculptor Bhaskar Sai – shows a woman screaming in agony with her head thrown back and eyes wide open.

It was installed Wednesday morning after a protest march by junior doctors from various city medical colleges on the occasion of ‘Mahalaya‘. This is an auspicious day that normally falls a week before Durga Puja and marks the transition from the inauspicious ‘pitri paksha‘ to ‘devi paksha‘.

Doctors who have participated in the nearly two-month long protest against the horrific crime, demanding, among other things, increased security on hospital campuses, told reporters the bust “is not of the victim… but a symbol of pain and torture she went through… and the ongoing protests”.

Some welcomed the bust; one X user, @senktk1979, suggested it may be “required as we humans forget everything… (this will not) allow us to forget this incident” and another, @PaulRhakho, raged, “Don’t remove till justice is done… let the world know India is not safe for women…”

However, not everyone agrees.

Mr Ghosh posted on X that “the installation of this statue in the name of Tilottama (the sobriquet given to the murdered doctor) is against the spirit of the Supreme Court pronouncement”.

“No responsible person can do that… not even in the name of art. There will be protests and demands for justice but the statue with the girl’s face of pain is not right,” he said.

On his side of the fence, one X user said, “Our country is beyond repair.”

“Speechless at how insensitive this is… to have one’s pain immortalised, to only be known for being sexually violated… I hope this disgusting statue is destroyed,” another user said.

“I wish… The mob should attack this sculpture first. Shameful design. No one wants to see a sculpture of someone in pain… instead they could have created a sculpture in which Goddess Durga beheads the rapist as capital punishment for his mistake…” a third user raged.

Last month the Supreme Court ordered free online database Wikipedia to remove the name and photo of the doctor; the site had identified the doctor in an entry about the shocking RG Kar killing.

READ | Top Court Orders Wikipedia To Remove Kolkata Horror Victim’s Name

However, Indian laws do not permit release of rape victims and survivors’ identities, and a bench led by Chief Justice DY Chandrachud reminded owners Wikimedia Foundation of this fact, stating, “The identity of the victim should not be revealed in any way. Wikipedia should immediately remove photo and content revealing her identity,” the bench said, directing deletion from social media too.

Meanwhile, on Tuesday doctors protesting the RG Kar killing resumed their ‘indefinite’ strike, pressing, once again, for demands that include ensuring their safety at all hospitals and clinics in the state.

READ | “Compelled To…”: Bengal Doctors Resume Strike Over RG Kar Horror

They also criticised the “slow”-paced CBI investigation, saying, “We have seen many times before… CBI has been unable to reach conclusions and allows real culprits to go free due to delays…”

READ | Kolkata Rape Murder: Junior Doctors Resume Work After 42 Days

Ten days earlier the junior doctors had stood down their month-long agitation, after finally meeting Chief Minister Mamata Banerjee, and returned to provide essential and emergency services but not in outpatient departments. They had then given the state a week to fulfil their demands.

READ | Bengal Replaces Kolkata Police Chief, 2 Others On Doctors’ Demand

Ongoing CBI Investigation

The junior doctor was found dead in a seminar room of the hospital early August 9. The killing sparked furious protests and was compared to the Nirbhaya rape and murder in Delhi in December 2012.

The CBI, which took over the case after being ordered to by the Calcutta High Court, after it overruled a deadline for the police set by the Chief Minister, has arrested Dr Sandip Ghosh, who was the RG Kar Hospital chief at the time, before he resigned claiming “moral responsibility”.

READ | CBI’s Cover-Up Claims Against Ex Principal, Cop In Kolkata Horror

Ghosh has been arrested in connection with alleged financial irregularities in running the hospital, and has been subject to extensive interrogation and a lie-detector test. The CBI has also taken into custody a civilian volunteer with Kolkata Police – Sanjoy Roy – who is the prime accused.

The doctor’s killing has sparked a massive political squabble with the Trinamool and the Chief Minister under severe pressure from the opposition BJP and civil society activists.

NDTV is now available on WhatsApp channels. Click on the link to get all the latest updates from NDTV on your chat.





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Bengal Doctors Resume Strike Over RG Kar Hospital Killing https://artifex.news/bengal-doctors-ceasework-rg-kar-hospital-rape-murder-case-compelled-to-bengal-doctors-resume-strike-over-rg-kar-hospital-killing-6690162rand29/ Tue, 01 Oct 2024 06:26:08 +0000 https://artifex.news/bengal-doctors-ceasework-rg-kar-hospital-rape-murder-case-compelled-to-bengal-doctors-resume-strike-over-rg-kar-hospital-killing-6690162rand29/ Read More “Bengal Doctors Resume Strike Over RG Kar Hospital Killing” »

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Kolkata:

Junior doctors in Bengal – protesting the rape and murder of a colleague at Kolkata’s RG Kar Hospital on August 8 – resumed their ‘indefinite’ strike Tuesday, pressing, once again, for demands that include ensuring safety and security of medical professionals at all hospitals and clinics in the state.

“We are compelled to return to a full ‘ceasework’ starting today. Unless we receive clear action from the government on safety, patient services, and the politics of fear, we will have no choice but to continue our full strike,” the striking doctors said in a statement issued this morning.

They also criticised the “slow”-paced CBI investigation into their colleague’s murder, saying, “We have seen many times before that the CBI has been unable to reach any conclusions, allowing the real culprits of such incidents to go free due to delays in filing charges…”

“The Supreme Court, which had taken the initiative to expedite the trial of this heinous incident, has instead only postponed hearings and reduced the actual length of proceedings. We are disappointed and angered by this protracted judicial process,” the doctors’ body raged.

Ten days ago the junior doctors stood down from a month-long agitation, after finally meeting Chief Minister Mamata Banerjee, and returned to provide essential and emergency services but not in outpatient departments. They had then given the state a week to fulfil their demands.

READ | Kolkata Rape Murder: Junior Doctors Resume Work After 42 Days

Resumption of the strike follows an eight-hour meeting between the protesting doctors, who had earlier placed a list of 10 demands before Ms Banerjee’s government.

Apart from increased and improved security, the list included improving hospital infrastructure and firing key officials in her administration, including the Health Secretary, over claims of a ‘threat culture’.

READ | Mamata Banerjee Says “Willing To Resign” Amid Stand-Off With Doctors

These measures, they have said, were “clearly communicated” in their meeting with the Chief Minister and government officials, but a lack of action had left them with no option. The state has, however, since replaced Kolkata Police chief Vineet Kumar Goyal and two health department officials.

READ | Bengal Replaces Kolkata Police Chief, 2 Others On Doctors’ Demand

On Monday night, as the junior doctors’ grumblings intensified, the Bengal government’s Chief Secretary, Manoj Pant, told NDTV he had interacted with them and was “sure they will respond”.

“Work Being Done”, Says State

“… they will serve the society, for which they have done their training. They are doctors and we respect their profession… every citizen respects their profession… and we expect the same response from them,” he said, explaining the Chief Minister had already held review meetings with the principals and the heads of medical colleges and universities, and “work has begun”.

“Somewhere it is 30 per cent, somewhere 40… but work is going on in different stages. For any work to be done, some time is required. Even to install CCTV cameras some time is required and to build bathrooms, time is needed. But the point is we are working,” he reassured the doctors.

“Everybody is working together… it is a collaborative effort and I am sure the results will be visible and we should not be impatient about it,” he said.

READ | Supreme Court Orders Wikipedia To Remove Kolkata Horror Victim’s Name

Meanwhile, the Supreme Court – which had taken suo moto cognisance of the killing – resumed hearing of the case Monday, with the focus on a disturbing new development. Photos of the murdered doctor – generated by AI tools – have begun circulating online, in direct violation of the top court’s orders.

Ongoing CBI Investigation

The junior doctor was found dead in a seminar room at Kolkata’s RG Kar Medical College and Hospital early August 9. Her gruesome killing sparked furious protests nationwide, and was compared to the equally horrific Nirbhaya rape and murder in Delhi in December 2012.

The CBI, which took over the case after being ordered to by the Calcutta High Court, after it overruled a deadline for the police set by the Chief Minister, has arrested Dr Sandip Ghosh, who was the RG Kar Hospital chief at the time, before he resigned claiming “moral responsibility”.

Ghosh has been arrested in connection with alleged financial irregularities in running the hospital, and has been subject to extensive interrogation and a lie-detector test, while properties belonging to him and associates have been searched. The CBI has also taken into custody a civilian volunteer with Kolkata Police – Sanjoy Roy – who is the prime accused.

The doctor’s killing has sparked a massive political row with the ruling Trinamool Congress and the Chief Minister under severe pressure from the opposition and civil society activists.

NDTV is now available on WhatsApp channels. Click on the link to get all the latest updates from NDTV on your chat.



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Agency’s Big Claim In RG Kar Case https://artifex.news/rg-kar-hospital-rape-murder-case-cbi-false-records-created-in-police-station-agencys-big-claim-in-rg-kar-case-6654261rand29/ Thu, 26 Sep 2024 09:52:05 +0000 https://artifex.news/rg-kar-hospital-rape-murder-case-cbi-false-records-created-in-police-station-agencys-big-claim-in-rg-kar-case-6654261rand29/ Read More “Agency’s Big Claim In RG Kar Case” »

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Kolkata:

The CBI, which is probing the RG Kar Hospital rape-murder case, has told a local court in Kolkata that “some false records, pertaining to the case, were created at the Tala Police Station”.

The federal agency, tasked by the Calcutta High Court with investigating the killing of a junior doctor last month, also said it had CCTV footage from the police station in question, and that this has been sent to a central forensics lab in the city for examination. Kolkata Police has not yet responded.

This significant twist in the case comes after the CBI interrogated Abhijit Mondal, the officer-in-charge of the Tala Police Station at the time. Mondal, arrested on charges of tampering with evidence, and Dr Sandip Ghosh, the hospital’s former chief, held over financial irregularities, are both in CBI custody.

Prime suspect Sanjay Roy – a civic volunteer with the cops, who was seen on CCTV footage entering the room in which the body was found, hours before it was – has also been arrested.

On Wednesday the agency had produced Mondal and Ghosh before the court following completion of their remand. The court subsequently sent them to judicial custody till September 30.

Last week the agency told the court it suspects a ‘nexus’ between the two; the CBI referred to phone calls between Mondal and Ghosh. Mondal’s lawyer pointed out that given a serious crime had been reported from the hospital it was normal for the two to speak multiple times.

That point was flagged in the trial court yet again today, and the defence pointed out the CBI, though it had made these critical allegations, had not provided evidence to back its claims.

Apart from identifying those guilty of the killing of the 31-year-old junior doctor, the CBI is also investigating reports of destruction of evidence in connection with the rape and murder.

Mondal, the CBI has said, is not accused in the rape or murder, but may have played a role in the cover-up that followed. The Bengal government and police force are facing severe scrutiny in this regard, with many alleging the state is trying to protect those guilty.

The CBI is also probing a “criminal conspiracy” between Mondal, Ghosh, and Roy, pointing to the “unnecessary delay of two days” in the seizure of the clothes the latter wore on the day. This, the agency told the court, could have led to contamination of material evidence.

Among the points of order flagged by the High Court and Supreme Court (which took suo moto cognisance) is that there was a 14-hour delay between finding the body and filing a police case.

Both courts have demanded to know why the hospital administration, then led by Sandip Ghosh, did not do so immediately, which would, in turn, have ensured the police filed a FIR.

As an aside, Mondal was last night admitted to the prison hospital. Sources told news agency IANS he tripped and fell while being taken back from the court after yesterday’s hearing.

Also, on Sunday the CBI also questioned another doctor – Birupaksha Biswas, allegedly close to Ghosh – in connection with the rape and murder. Biswas was reportedly part of the ‘North Bengal lobby’, which medics in the state say have threatened medical students in the past.

Meanwhile, on Saturday, junior doctors partially rejoined duties after striking for over 40 days to protest the killing of their colleague. They rejoined for essential and emergency services only.

They have been protesting since August 9 – which has included three failed attempts at talks with Chief Minister Mamata Banerjee – for justice for their colleague and removal of three officials, including the Health Secretary, alleging their involvement in the case.

The doctors made it clear this partial return is not an end to their agitation. “If needed, we will begin protests again,” they said.

With input from agencies



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Top Cop Changed, Officials Gone, But Kolkata Doctors Continue ‘Cease Work’ https://artifex.news/kolkata-doctor-rape-murder-rg-kar-medical-college-top-cop-changed-officials-gone-but-kolkata-doctors-continue-cease-work-6590873rand29/ Wed, 18 Sep 2024 04:33:33 +0000 https://artifex.news/kolkata-doctor-rape-murder-rg-kar-medical-college-top-cop-changed-officials-gone-but-kolkata-doctors-continue-cease-work-6590873rand29/ Read More “Top Cop Changed, Officials Gone, But Kolkata Doctors Continue ‘Cease Work’” »

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The junior doctors have said their protest will continue till all demands are fulfilled

Kolkata:

Junior doctors protesting in Kolkata against the rape-murder of a 31-year-old medico at RG Kar Medical College and Hospital said late last night that they will continue their ‘cease work’ agitation till the Mamata Banerjee government fulfills all their demands. They have said they will reach out to the state government for more discussions on the demands yet to be fulfilled.

The West Bengal Junior Doctors’ Front said in a statement that many attempts were made to malign their movement. “Due to our movement’s pressure, the state government was forced to remove the Police Commissioner, Deputy Commissioner North, Director of Health Services and Director of Medical Education. This is a partial victory of our movement,” they said.

The doctors said that in their meeting with Chief Minister Banerjee on Monday, there was no decision on their demand to remove the Principal Secretary (Health). “The Chief Minister gave us a verbal assurance, but we have not seen any step in the direction so far.”

The doctors’ body also flagged the Supreme Court’s observations on the Bengal government’s notification that said state-run hospitals would avoid giving night shifts to women doctors. The doctors said it is not possible to provide security to women by creating a gender divide. Following the court’s observations that it is the state’s duty to provide security, the Bengal government’s counsel Kapil Sibal said the notification will be tweaked. The doctors also pointed to the court’s remarks on contractual staff being roped in to provide security at hospitals.

The doctors’ body has said that merely beefing up security at hospitals will not ensure the safety of doctors till health services are improved. It has pressed for adequate recruitment of healthcare staff and counselling services at hospitals. “Ordinary people face problems due to corruption in the allotment of hospital beds, and shortage of life-saving drugs. We want a solution to all these problems,” the doctors’ forum said.

The junior doctors said that during their meeting with the Chief Minister, they had demanded a college-level task force to address these problems. “We think more discussions are needed. It is not clear how these demands will be fulfilled.”

They have also underlined their demand for an end to the “politics of fear” in medical colleges and democratic student union elections. “The Chief Minister announced from our protest site that patient welfare committees will be dissolved, but we got nothing in writing and there is no clarity on how these committees will be set up again.”

The doctors’ body said that it wants the government to hold discussions and fulfill the demands. “We want to return to work,” the junior doctors said.



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Top Court On Bengal’s ‘No Night Shift For Women’ Note https://artifex.news/kolkata-doctor-rape-murder-rg-kar-medical-college-chief-justice-of-india-dy-chandrachud-how-can-you-say-top-court-on-bengals-no-night-shift-for-women-6583833rand29/ Tue, 17 Sep 2024 07:07:01 +0000 https://artifex.news/kolkata-doctor-rape-murder-rg-kar-medical-college-chief-justice-of-india-dy-chandrachud-how-can-you-say-top-court-on-bengals-no-night-shift-for-women-6583833rand29/ Read More “Top Court On Bengal’s ‘No Night Shift For Women’ Note” »

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Chief Justice of India DY Chandrachud pulled up the Bengal government for the notification

New Delhi:

Chief Justice of India DY Chandrachud today criticised a West Bengal government’s notification saying state-run hospitals would avoid allotting night shifts to women doctors, stressing that it is the State’s duty to provide them security.

Directing the Bengal government to amend the notification, which was issued in the wake of the rape-murder of a 31-year-old doctor in Kolkata’s RG Kar Medical College and Hospital, the Chief Justice said, “How can you say women cannot work at night? why limit women doctors? they don’t want a concession… women are ready to work in the same shift.”

“Mr Sibal you have to look at it, the answer to it is that you must give security. West Bengal should correct the notification, your duty is to provide security, you cannot say that women cannot work at night. Pilots, Army etc all work at night,” the Chief Justice said, addressing Senior Advocate Kapil Sibal, counsel for the Mamata Banerjee government.

The court noted that the condition of women doctors not working at night would prejudice their careers. Mr Sibal then responded that the clause in question would be deleted.

Amid nationwide protests over the RG Kar hospital rape-murder incident, Chief Minister Mamata Banerjee’s principal advisor Alapan Bandyopadhyay announced a new initiative to ensure the safety of women doctors.

Mr Bandyopadhyay said women-friendly security personnel would be deployed at all medical colleges and hospitals. He said arrangements would be made for regular night patrolling by the local police at medical colleges and hospitals.

“Shifts will be arranged in such a manner that in case of night duties the women doctors can function in pairs,” he said, adding that private healthcare centres had also been asked to follow these guidelines.



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Supreme Court To Hear Doctor Rape-Murder Case, Hours After Protesters’ Big Win https://artifex.news/kolkata-doctor-rape-murder-rg-kar-medical-college-and-hospital-supreme-court-to-hear-doctor-rape-murder-case-hours-after-protesters-big-win-6582682rand29/ Tue, 17 Sep 2024 04:08:02 +0000 https://artifex.news/kolkata-doctor-rape-murder-rg-kar-medical-college-and-hospital-supreme-court-to-hear-doctor-rape-murder-case-hours-after-protesters-big-win-6582682rand29/ Read More “Supreme Court To Hear Doctor Rape-Murder Case, Hours After Protesters’ Big Win” »

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A bench of CJI DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra will hear the matter

Kolkata:
The Supreme Court is hearing matters linked to the rape and murder of a doctor at Kolkata’s RG Kar Medical College and Hospital. The bench led by Chief Justice of India DY Chandrachud may hear the matter around 10.30 am, according to the cause list

Here are 10 facts from this big story

  1. During the last hearing on September 9, a key document was found missing. The court had asked the West Bengal government’s counsel, Senior Advocate, Kapil Sibal to produce a document that is issued when a body is handed over for autopsy after the inquest. The state government had asked for more time.

  2. Chief Justice said the document was important because it has a column that mentions what clothes and articles were sent along with the body. Justice JB Pardiwala had sought an explanation from the state government and added, “If this document is missing, then something is amiss.”

  3. On September 9, the court had asked the protesting doctors to return to duty by the next day. The court had assured that no action would be taken against the protesting doctors if they joined duty by the deadline.

  4. Junior doctors in Kolkata, however, refused to return to duty and continued their agitation. They said the government and the Supreme Court should not forget that this is a “people’s movement” and refused to join work till their demands were fulfilled.

  5. What followed was a series of mail exchanges between the Mamata Banerjee government in Bengal and the junior doctors’ front. The doctors demanded justice for the victim in the rape-murder case and removal of top officials, including the Kolkata Police Commissioner.

  6. After several meetings were called off over differences on whether the proceedings would be videographed, the Chief Minister and the doctors eventually met yesterday and discussed the protesters’ demands.

  7. Following the meeting, Ms Banerjee announced late last night that they had agreed to most of the doctors’ demands. She said Kolkata police chief Vineet Goyal had agreed to resign and Deputy Commissioner of Police, North, Abhishek Gupta would also be removed. The state government has also agreed to remove two senior health department officials.

  8. The junior doctors have said that the state government accepting their demands was a big victory for the agitation that enters its 39th day today. They have, however, said they would rejoin duty only when the government acts on its assurances.

  9. Between the last Supreme Court hearing and this one, a big development is the CBI slapping evidence tampering charge on Dr Sandip Ghosh, former principal of the state-run college, and the arrest of Tala Police Station officer-in-charge Abhijit Mondal under the same charge.

  10. A postgraduate trainee doctor was found dead in the seminar room of RG Kar Medical College and Hospital on the morning of August 9. Medical examination confirmed rape. Sanjay Roy, a civic volunteer frequenting the hospital, has been arrested for the heinous crime. The incident shook the nation and sparked massive protests.



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Doctors Reply To Mamata Banerjee’s “Final” Talks Invite With 3 Options https://artifex.news/doctors-reply-to-mamata-banerjees-final-talks-invite-ask-key-question-6578063rand29/ Mon, 16 Sep 2024 11:32:43 +0000 https://artifex.news/doctors-reply-to-mamata-banerjees-final-talks-invite-ask-key-question-6578063rand29/ Read More “Doctors Reply To Mamata Banerjee’s “Final” Talks Invite With 3 Options” »

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The Mamata Banerjee government has invited the doctors for a meeting at 5 pm today

Kolkata:

Junior doctors protesting in Kolkata over the rape-murder of a 31-year-old doctor have given an affirmative response to the Mamata Banerjee government’s “fifth and final” invitation for talks. A group is on way to her Kalighat residence — where the last round of talks had collapsed before they even took place. The factor over which it collapsed videography of the meeting, however, has become more prominent.

In their response, the West Bengal Junior Doctors Front, pointed to the CBI’s fresh arrests in an evidence tampering case and said these developments increase the significance of transparency.

Bengal Chief Secretary Manoj Pant’s email to the doctors earlier this day invited them for talks at 5 pm at the Chief Minister’s residence in south Kolkata’s Kalighat. The junior doctors said they were “more than willing” to join the meeting, but would have preferred an “official and administrative place” as the venue.

The junior doctors pointed to the fresh charge of evidence tampering against Dr Sandip Ghosh, former principal of RG Kar Medical College and Hospital, where the incident took place. The officer-in-charge of Tala police station, Abhijit Mondal, has been arrested in this connection too.

“These two new developments increase the significance of transparency of the meeting even more than before. We would like to emphasise on 1) Videography of the meeting by a separate videographer by both the parties,” the doctors said, reiterating their demand for videography of the meeting. Earlier, meetings between Chief Minister Mamata Banerjee and the junior doctors have fallen through over their demand for live-streaming and videography. The state government has said this cannot be allowed because the matter is sub-judice.

In their fresh email, the doctors have given alternatives to the state government. They have said that if videography by separate videographers from both sides is not possible, the state government must agree to give the junior doctors the video of the proceedings right after the meeting. The state government had earlier said they would provide the video only after the Supreme Court’s permission.

Adding another option in their new email, the doctors said minutes of the meeting with full transcripts be recorded by both parties and handed over at the end of the meeting after all present sign them. Earlier, the state government had agreed to provide a signed copy of the minutes of the meeting. The doctors have clarified that they would bring their representatives to take down the minutes.

“Please consider the above points for the meeting for our five point demands. If you are in agreement from your side kindly respond to this mail at the earliest. We are eagerly waiting for a positive response from your side,” the doctors’ body has said.

Earlier today, Chief Secretary Pant said in an email to the doctors that this is the “fifth and final time” the state government is reaching out to them for a meeting with the Chief Minister. “We trust that good sense will prevail, and as mutually agreed and as per your statement to the media day before- there will be no live streaming or videography of the meeting, given that the matter is sub judice in the highest court of the country. Instead, the minutes of the meeting will be recorded and signed by both parties,” the Chief Secretary said.

The junior doctors protesting over the August 9 incident have several demands, including the removal of some top state officials. The Supreme Court had earlier asked them to join work by September 10, but they have stressed that they will not join duty till their demands are fulfilled.   

Earlier meetings planned between the Chief Minister and the junior doctors led to dramatic scenes. On September 12, the doctors went to the state secretariat Nabanna to meet Ms Banerjee, but refused to join the meeting after they were told the proceedings could not be live-streamed. Visuals of Ms Banerjee waiting for the junior doctors went viral and she said she had waited for two hours.

Another meeting was planned on Saturday after the Chief Minister’s surprise visit to the doctors’ protest site at the state health secretariat. The junior doctors reached her residence at 6.45 pm. Again, the doctors’ demand for live-streaming and officials’ refusal proved to be the roadblock. The medicos waited outside the Chief Minister’s home in the rain. They demanded that they be allowed to videograph the meeting. The state government refused this and said it would record the meeting and the recording would be provided to the doctors later because the matter is sub-judice.

Ms Banerjee came out and invited the doctors inside. “You can trust me, I won’t mislead you. Even if you do not attend the meeting, at least have a cup of tea.” She also said the doctors are “insulting” her. The doctors stressed that they wanted the recording. She then said I “cannot accept all your demands”. Later that night, the doctors decided to join the meeting but state minister Chandrima Bhattacharya and chief secretary Manoj Pant told them it was too late.



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Mamata Banerjee Invites Doctors For Meet https://artifex.news/reaching-out-for-fifth-final-time-mamata-banerjee-invites-doctors-for-meet-6576220rand29/ Mon, 16 Sep 2024 07:01:22 +0000 https://artifex.news/reaching-out-for-fifth-final-time-mamata-banerjee-invites-doctors-for-meet-6576220rand29/ Read More “Mamata Banerjee Invites Doctors For Meet” »

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Kolkata:

The Mamata Banerjee government has extended its fifth invitation for talks to junior doctors protesting over the rape-murder of a 31-year-old medico at Kolkata’s RG Kar Medical College and Hospital. The junior doctors have refused to rejoin work till justice is served in the heinous case and several top officials are shunted out. Earlier meetings between the state government and the doctors were called off due to disagreements on several issues, such as live-streaming.

In an email to the protesting doctors, Chief Secretary Manoj Pant said that the doctors must resume their duties, as per the Supreme Court’s September 9 directive.

“This is the fifth and final time we are reaching out to you for a meeting between the Honourable Chief Minister and your delegates. In line with our discussion from the day before, we are once again inviting you to a meeting with the Honourable Chief Minister at her Kalighat residence for a discussion with an open mind,” the letter states.

The chief secretary underlined that the meeting cannot be videographed or live-streamed — the point on which the earlier meeting fell through on Saturday.

“We trust that good sense will prevail, and as mutually agreed and as per your statement to the media day before – there will be no live streaming or videography of the meeting, given that the matter is sub judice in the highest court of the country. Instead, the minutes of the

meeting will be recorded and signed by both parties,” the email adds.

“The meeting is scheduled for 5 PM today ie 16th September 2024 at Hon’ble Chief Minister’s Kalighat residence. The same delegation which came for the last discussions is requested to arrive at the venue at 4:45 PM today. We look forward to your positive response and a productive and fruitful discussion,” it says.

Earlier meetings planned between the Chief Minister and the junior doctors led to dramatic scenes. On September 12, the doctors went to the state secretariat Nabanna to meet Ms Banerjee, but refused to join the meeting after they were told the proceedings could not be live-streamed. Visuals of Ms Banerjee waiting for the junior doctors went viral and she said she had waited for two hours.

Another meeting was planned on Saturday after the Chief Minister’s surprise visit to the doctors’ protest site at the state health secretariat. The junior doctors reached her residence at 6.45 pm. Again, the doctors’ demand for live-streaming and officials’ refusal proved to be the roadblock. The medicos waited outside the Chief Minister’s home in the rain. They demanded that they be allowed to videograph the meeting. The state government refused this and said it would record the meeting and the recording would be provided to the doctors later because the matter is sub-judice.

Ms Banerjee came out and invited the doctors inside. “You can trust me, I won’t mislead you. Even if you do not attend the meeting, at least have a cup of tea.” She also said the doctors are “insulting” her. The doctors stressed that they wanted the recording. She then said I “cannot accept all your demands”. Later that night, the doctors decided to join the meeting but state minister Chandrima Bhattacharya and chief secretary Manoj Pant told them it was too late.



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