New Delhi:

Senior Advocate Kapil Sibal today said his women colleagues were receiving threats for representing the West Bengal government in the Kolkata rape-murder case and urged the Supreme Court not to live-stream proceedings in the sensitive matter. The Chief Justice, however, said live-streaming of hearings is in the public interest and assured Mr Sibal that it would intervene if lawyers received threats.

“I have great concerns at what is happening… when a matter is live-streamed like this which has emotive implications… we are not here for the accused, we appear for the state and as soon as the court is making a comment, our reputation is getting destroyed overnight,” Mr Sibal told the bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra.

“We will not stop the live-streaming, it is in the public interest, it’s an open court,” the Chief Justice responded.

Mr Sibal pressed the matter. “There are threats to women in my chamber and then there are posts about me laughing. When did I laugh? it is being said that acid will be thrown at them and they (will be) raped. People on the ground are saying this.”

The Chief Justice replied, “Is there a threat to any woman? woman or man appearing in the matter. We will take care of that.”

The court noted that photographs of the 31-year-old doctor, who was raped and murdered in Kolkata’s RG Kar Medical College and Hospital on August 9, continue to be circulated on social media. The law does not allow this, it said. The bench passed an order to address this and directed Wikipedia to remove information about the victim’s identity.

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.

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

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.

Kolkata:

Dr Sandip Ghosh, former principal of RG Kar Medical College and Hospital, tried to downplay the 31-year-old doctor’s rape-murder as an incident of suicide and this may have led to the destruction of evidence, probe agency CBI has told a Kolkata court.

Dr Ghosh, earlier arrested in a case of financial irregularities at the state-run hospital, now faces a charge of tampering with evidence in the heinous case that has shocked the nation. Abhijit Mondal, officer-in-charge of Tala Police Station, has also been arrested in this case.

According to the CBI’s remand note submitted in court yesterday, Dr Ghosh got information about the incident at 9.58 am on August 9, but did not reach the hospital immediately and did not register a formal complaint with the police. The CBI’s note says a “new theory of suicide” was introduced despite external injury marks on the victim’s body. The doctors’ parents have also said a phone call from the hospital told them that their daughter had died by suicide.

The CBI has said that Dr Ghosh was in touch with the police officer and an advocate after the victim was found raped and murdered. The former principal did not even meet the victim’s parents when they came to the hospital to find their daughter raped and murdered. Dr Ghosh failed to ensure the timely completion of medical formalities after the incident and asked subordinates to send the body to the morgue immediately, the CBI told the court.

In its remand note against the police officer, the CBI said that Mr Mondal got information after the heinous crime at 10.03 am, but reached the hospital an hour later.

The first General Diary Entry, CBI has said, mentioned that the “body of PG trainee of R G Kar MCH was found lying in unconscious state” even after the body was examined and the victim found dead. The agency said the police officer failed to ensure timely registration of the FIR despite the heinous nature of the crime.

The officer, the CBI said, failed to cordon off the crime scene. This led to unauthorised people entering the crime scene and led to damage of vital evidence, it has said. The agency has also held him responsible for the delay in the issue of the death certificate and autopsy.

The CBI underlined that the police officer received information about the case at 10.03 am, but the FIR was filed late at night — an issue that has been repeatedly flagged in the Calcutta High Court and the Supreme Court.

The officer, the CBI said, hurriedly allowed the body’s cremation despite the family members specifically demanding a second autopsy. The agency has said that the police officer started the investigation with an attempt to vitiate evidence and remained evasive when the CBI questioned him.

The Kolkata court yesterday granted the CBI two days’ custody of Dr Ghosh and Mr Mondal. The matter will be heard tomorrow.

Mr Mondal’s lawyer said there was no ground to arrest the police officer. “They allege there was a delay. They don’t say whether I am an accused or a witness. There is no ground for arrest here. This is at best a case of alleged dereliction of duty. For that, a departmental inquiry could have been done.”

Dr Ghosh and Mr Mondal are the CBI’s first arrests in the rape-murder case. They are accused of being a part of an alleged cover-up by the hospital administration after the doctor was found raped and murdered. Earlier, the Kolkata police arrested Sanjoy Roy, a civic volunteer who frequented the hospital, for allegedly raping and murdering the doctor. Roy’s custody was handed over to the CBI after the central agency took over the probe after a high court order.

Kolkata:

Dr Sandip Ghosh, former principal of Kolkata’s RG Kar Medical College, spoke to Tala Police station’s officer-in-charge Abhijit Mondal in the hours after a 31-year-old doctor was found dead on the hospital premises, and there may be a nexus and that needs to be uncovered, CBI told a Kolkata court today.

The central agency last night arrested Mr Mondal under charges of tampering with evidence in the rape-murder case that has shaken the country. Dr Ghosh, arrested earlier in a financial irregularities case, also faces the evidence tampering charge now.

The two were produced in court today and were remanded in CBI’s custody for two days. The case will be heard next on September 17.

“The FIR was registered at night. We have call records that show communication between the OC and Sandip Ghosh. There may be a nexus and we need to uncover the case. We want to confront both of them,” the CBI’s counsel told the court.

“There is no clash between CBI and police. We want to get to the truth. For us he is not a police officer, he is a suspect,” the counsel added.

Both the Calcutta High Court and the Supreme Court have questioned the delay in the registration of the FIR, which was filed over 14 hours after the doctor’s body was found. The courts have asked why the hospital administration then led by Dr Ghosh did not register a police complaint that would have ensured the filing of an FIR.

“He was under an obligation to register to FIR. They tried to downplay it as suicide. There was a lapse on his part. It was a case of sexual assault and he should have handled it cautiously. He was in a conspiracy with other people,” the CBI told the court today.

The lawyer for Mr Mondal replied, “They allege there was a delay. They don’t say whether I am an accused or a witness. There is no ground for arrest here. This is at best a case of alleged dereliction of duty. For that, a departmental inquiry could have been done.”

The CBI told the court that Mr Mondal is not an accused in the rape and murder, but may have played a role in a larger conspiracy of an alleged cover-up.

These are the CBI’s first two arrests in the rape and murder case over their month-long investigation. Earlier, Kolkata Police arrested civic volunteer Sanjoy Roy in the case. The CBI took Roy’s custody after the high court transferred the probe to the central agency.

The Trinamool, under fire over the rape-murder incident, has been questioning what progress the CBI has made since it took over.

Kolkata:

Three flats, two houses and a farmhouse in Kolkata and another flat in Murshidabad — multiple properties belonging to Dr Sandip Ghosh, former Principal of RG Kar Medical College and Hospital, and his wife Sangeeta are under the scanner in the corruption probe against him.

The Enforcement Directorate (ED) is examining documents linked to these assets and digital devices as part of its investigation into alleged financial irregularities in the hospital, which came into focus in the aftermath of a 31-year-old doctor’s rape and murder on August 9.

The central agency suspects that Dr Ghosh and his wife bought these properties with proceeds of crime. “These documents related to properties were seized based on the prima facie suspicion that those properties were purchased out of Proceeds of Crime,” ED has said.

The ED has found that Sangeeta Ghosh bought two properties without proper approval from West Bengal government and was later granted a post facto approval by none other than Dr Sandip Ghosh, her senior at work during that time.

“During the search, it was unravelled that Dr. Sangeeta Ghosh w/o Dr Sandip Ghosh, had purchased two immovable properties without any proper approval from the State Government Authorities. Interestingly, a post facto approval was granted to Dr. Sangeeta Ghosh to purchase the property by Dr. Sandip Ghosh in year 2021. During this period, Dr.

Sandip Ghosh was posted in capacity of Principal of R. G. Kar Medical College and Dr. Sangeeta Ghosh was posted there as an Assistant Professor,” the ED has said.

The ED on Friday searched seven premises belonging to Dr Ghosh, his close relatives and associates. The investigation is being carried out in a case registered under the Prevention of Money Laundering Act. The ED’s case is based on an FIR registered by the CBI under the Prevention of Corruption Act.

Dr Ghosh has come under the scanner for the state-run hospital’s response to the doctor’s rape and murder of its premises. The Mamata Banerjee government’s move to name him the principal of a medical college hours after he stepped down from the top post of RG Kar Medical College had raised eyebrows. Both the Calcutta High Court and the Supreme Court questioned why the hospital administration under Dr Ghosh did not register a police complaint after the doctor’s body was found.

Amid the outrage over the shocking incident, allegations of large-scale corruption in the hospital emerged. A former colleague of Dr Ghosh approached the high court, accusing him of corruption. The court then handed over the case to the CBI, which is also probing the rape-murder.

New Delhi:

Amid the bitter exchanges between the ruling Trinamool Congress and the ruling BJP over the rape and murder of a 31-year-old doctor at Kolkata’s RG Kar Medical College and Hospital, a Trinamool spokesperson has come up with a humourous response to a BJP leader’s barb in which she threatened to “pull his hair”.

Trinamool spokesperson Kunal Ghosh said he has lost hair and it is not right to “cast an evil eye” on the ones that remain.

“Papiya Adhikari, a former actress, then CPM and then BJP leader, has publicly threatened to slap me, pull my hair. I have lost my hair. It is not right to cast an evil eye on them. Instead, suggest medicines that may help hair growth,” he said in a post in Bengali on X, adding that the BJP leader can continue lapping up publicity with her statements.

Mr Ghosh, who has been articulating the Mamata Banerjee-led party’s position in the sensitive case, has been at the receiving end of a social media attack from supporters of Opposition parties BJP and the CPM. Many have also pointed to the Saradha Group corruption case in which he was arrested.

Responding to this, Mr Ghosh has said that he was in jail but he is not guilty and that he is fighting a legal battle.

The political row over the doctor’s rape and murder at the state-run hospital has seen several instances of caustic exchanges between members of the ruling party and the Opposition.

Earlier, senior Trinamool leader and MP Kakoli Ghosh Dastidar made headlines for her “saree maker” barb at BJP MLA and fashion designer Agnimitra Paul. Responding to the Trinamool leader’s remark, Ms Paul said she is immensely proud of her profession.

A postgraduate trainee doctor at the state-run hospital was found dead on the morning of August 9. The response of the hospital administration and the state government to the shocking incident has come under the scanner as massive protests have erupted in Bengal and other parts of the country. The CBI is investigating the rape-murder and allegations of financial irregularities in the hospital.

Kolkata:

A key document necessary for post-mortem came under the spotlight today as the Supreme Court heard the Kolkata doctor’s rape and murder case. Chief Justice of India DY Chandrachud questioned where the challan was and pointed out that an autopsy cannot be carried out without it. Senior Advocate Kapil Sibal, appearing for the West Bengal government, submitted that he could not find the document immediately and would get back to the court on this question.

The question came up after an advocate appearing in the matter asked if the clothes of the victim were produced during the autopsy.

The Chief Justice then asked about the document when the body was handed over for autopsy after the inquest. When Mr Sibal said he is not immediately able to locate it, the Chief Justice replied, “It is important because it has a column showing what clothes and articles were sent along with the body, we want to see that.”

The post-mortem team, the Chief Justice said, will not accept the body without the challan. “That is why we want to see it.”

Mr Sibal requested the court for more time. “We will submit it to the court. What I am told is that CJM (Chief Judicial Magistrate) filled it up himself and sent it,” he said. “Was the post-mortem carried out without the request form at all,” the Chief Justice asked, and Solicitor General Mehta added that is not possible because it is a statutory form.

Justice JB Pardiwala, who was on the three-judge bench along with the Chief Justice and Justice Manoj Misra, pointed to the post-mortem report. “See the third column on the top, the constable (who brought the body) is supposed to carry this (form). It has been struck off. So there is no reference of this challan when the dead body is sent for examination. You need to explain, if this document is missing, then something is amiss,” he said.

The Chief Justice then said that the CBI should ask for this document from the Bengal government too. An advocate appearing before the bench said this document was submitted during the hearing in Calcutta High Court. The Solicitor General of India then questioned, “In the absence of mention in the post-mortem report, the possibility of it having been created subsequently cannot be ruled out.”

Mr Sibal replied, “Nothing is being created subsequently. We will file an affidavit.”

“The court has been apprised of challan when the body is examined. CBI states that the above challan duly filled in is not a part of the case file handed over to the CBI. Faced with the above, the advocate appearing for one of the petitioners before the high court says the form was produced before the high court,” the court said in its order, adding that the counsel appearing for the Bengal government do not have the document

“Copy of the form duly filled in will be submitted on the next date of hearing,” the order adds.

The Supreme Court has now asked the CBI to file a fresh report in the case next Tuesday.

The central agency today flagged the forensic report in the case and said “who collected the samples” has emerged as a relevant question.

Solicitor General Mehta said the central agency had decided to send samples to the All India Institute of Medical Sciences in Delhi.

“We have forensic examination report and one thing is admitted that when the girl was found at 9:30 am, her jeans and undergarments were removed and lying nearby… semi-nude and injury marks also on body… they have taken samples. they have sent to CFSL in West Bengal. CBI has taken a decision to send the sample to AIIMS,” he said.

Without explicitly mentioning the findings, the Solicitor General says, “Person enters, girl is nude and this is the result of FSL. So who took the sample is relevant.”

The delay in filing the FIR came up again. “There is a delay of almost 14 hours in recording the FIR. It is very clear,” the Chief Justice said.

Kolkata:

It has been a month since a 31-year-old doctor was found raped and killed at a seminar hall in Kolkata’s RG Kar Medical College and Hospital. The incident has sparked nationwide outrage and every corner of Bengal has witnessed massive rallies demanding justice in the case. The Mamata Banerjee-led government has come under the scanner for its handling of the case and accused of shielding the accused and attempting a cover-up.

Days after the incident, following a petition from the victims’ parents, the Calcutta High Court transferred the sensitive case to the Central Bureau of Investigation (CBI). But nearly four weeks after the central agency took over the probe, there have been no more arrests apart from Sanjay Roy, in the rape-murder case. A civic volunteer who frequented the case, Roy was arrested by Kolkata Police a day after the incident and CBI took his custody later. The CBI has arrested Dr Sandip Ghosh, former principal of the state-run hospital, and three others for alleged financial irregularities at the hospital.

A CBI official has told news agency PTI about some of the factors that have proved to be roadblocks as it tries to unravel this heinous case.

The Crime Scene

The CBI official said they were unable to join several dots due to lack of evidence from the crime scene and this has affected the investigation. The central agency found that Dr Ghosh ordered the demolition of a restroom and a toilet near the seminar room on August 10, the day after the body was found. The CBI official said it is suspected that key pieces of evidence were lost when the Public Works Department carried out demolition in the area.

A video that emerged on social media showed the seminar room crowded with people soon after the victim’s body was found. Questions on whether the crime scene was compromised were also raised after the mob violence in the hospital on the night of August 14.

Kolkata Police, however, has stressed that the crime scene was intact. “A video has gone viral showing the place of occurrence. This is a clarification. The body found in the seminar hall was in one portion of the seminar hall. 40 feet of the room was cordoned off. The video is outside the cordoned-off area where family members, doctors and the police were present,” a Kolkata Police spokesperson had said.

Earlier, after the mob violence, the cops had said the crime scene was intact and warned against spreading fake news.

Sanjoy Roy Only Accused?

The victim’s parents had said in their petition in Calcutta High Court that they suspected gangrape. They have also alleged that evidence and the crime scene were tampered.

“When we reached there (after her death), we found several people inside the seminar hall, one policeman guarding the entrance of it and many more standing outside. It can be assumed that the entire scene was very carefully arranged. Going by the brutality of the crime, the scene could not be so,” the victim’s mother said.

The CBI official blamed lack of evidence for affecting the investigation. “There is a lack of evidence in this case. That is the reason why our detectives are unable to come to a conclusion. Circumstantial evidence, questioning of people and the DNA evidence do not show involvement of multiple persons in the sexual assault on the woman,” the official told PTI.

He said the DNA tests found a match between the victim and Roy.

“Separate DNA profiling on samples gathered from the victim and Roy and the DNA comparing with other seized evidence from the crime scene also corroborated the CFSL report,” the official said.

But the lawyer representing Sanjoy Roy has said he had been framed to shield the actual criminals.

Financial Irregularities

The investigation into the rape and murder case has opened a can of worms and unearthed massive corruption in the hospital. While Mr Ghosh and three others have been arrested, the CBI official said they have found more names.

“More people were involved in the irregularities which were carried out in a well-planned manner,” he said, adding that in some cases, there were no footprints of financial misconduct.

The central agency has told a court Dr Ghosh played a vital role in siphoning off funds and was behind 84 illegal appointments during his tenure as principal from 2022 to 2023. The Enforcement Directorate is conducting a simultaneous investigation of the alleged financial irregularities.

It has found that the former principal and his wife own a luxurious bungalow in South 24 Parganas district and more property.