The Supreme Court on Thursday resumed hearing the suo motu case in the rape and murder of a lady doctor in the RG Kar Medical College and Hospital in Kolkata. The CBI submitted its investigation status report in the apex court today. The CBI status report revealed that the crime scene was tampered with and confirmed the claim that the parents were first told that it was a suicide and the FIR was delayed. After going through the CBI status report the bench headed by CJI Chandrachud raised several questions over the conflicting timings of investigation on August 9, as reported by CBI and West Bengal government.
At the outset the top court expressed dismay at the FIR being filed at 11:45 PM when the case was first reported at 10:10 am on August 9. The court also questioned if the unnatural death case was registered after the Post Mortem was conducted. (Post Mortem is conducted when unnatural death is reported.)
The Supreme Court questioned the West Bengal government over timing or registering General Entry, case of Unnatural Death (UD) and FIR in the brutal murder and rape case. Justice Pardiwala who was part of the bench rebuked the conduct of West Bengal government in handling the case and remarked that in his 30 years of career, he has not seen anything like this. He said that while asking if the UD was registered after the post mortem was conducted.
CJI Chandrachud while questioning Senior Advocate Kapil Sibal appearing for West Bengal government, remarked, "Mr Sibal, one aspect is extremely disturbing, the General Diary entry of death is recorded at 10:10 AM...the securing of the crime scene, the seizures, etc was done at 11:30 at night? what was happening till then?"
However, Sibal maintained that everything was videographed and the state has followed all the required procedures. He also placed his own timeline in the court. The apex court however, doubted that timing of UD was made manually and said that the same will have to be investigated by the CBI.
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Justice Misra after going through the CBI status report questioned Sibal on timing of autopsy and the General Diary entry.
Sibal then placed the minute by minute timeline prepared by the West Bengal government.
Justice Pardiwala at this point asked, "when you start performing the Post Mortem, it means that its case of unnatural death, UD 861/24 was registered at 23:20 hours, 9th August the GD entry and FIR recorded at 11:45 PM Hours, is this true? This is very surprising, post mortem precedes registration of the UD!...UD 861/24 was registered at what hours?"
Sibal at this point said 1:46 Hours.
Justice Pardiwala questioned where Sibal got this timing from. After going through the report submitted by the West Bengal government, the court doubted if the timing (1:46 PM) of registering UD was entered manually.
"The entire procedure followed by your State is something which I have not come across in the 30 years of my career....the first thing, is it true that the UD was recorded at 10:30 hours? Second, who is this Assistant Superintendent Non-Medical, her conduct is also very doubtful, why did she act in this manner?" Justice Pardiwala asked.
Sibal however said that the report is signed by the Judicial Magistrate, and these cannot be inserted manually.
The bench then said that the CBI will have to look into this (Timing of UD)
Sibal said that CBI is also part of the case diary, but they are not producing it.
"I am sorry to say there is an impression they (Centre government) are trying to create." Sibal said. Sibal placed on record more documents to prove his timline.
CJI Chandrachud after going all the documents said that a delay of 14 hours in registering FIR still cannot be justified.
The Supreme Court while dictating order, noted that two status reports were submitted, one by the CBI and another by the Kolkata police. The Kolkata police is looking into the vandalism at the RG Kar hospital after the protest. The CBI is investigating the brutal murder and rape case at RG Kar Hospital.
The top court on request of West Bengal counsel Kapil Sibal, clarified that in its earlier order, the top court had said that the West Bengal government should not disturb the peaceful protestors, it did not mean that the government cannot act in accordence with law to stop any unlawfull situation.
"The Supreme Court has not injuncted the state of West Bengal to act in accordance with law and the court has only asked the West Bengal government should not disturb peaceful protest," the court clarified.
The top court will again hear the matter next week to seek the status report.