New Delhi: Questioning the West Bengal government over alleged procedural lapses in autopsy of murdered woman doctor in Kolkata, the Supreme Court on Monday directed the protesting medics of the RG Kar Hospital to return to work by 5 pm on Tuesday.
A bench comprising Chief Justice of India D Y Chandrachud, Justice J B Pardiwala and Justice Manoj Mishra questioned the state government about a “missing” challan or formal request for autopsy when an advocate asked if the murdered doctor’s clothes were produced during the autopsy.
The challan which is prepared at the time of the handing over a body for autopsy carries a column to mention the clothes and articles sent along with the body.
The CBI questioned the West Bengal government how the autopsy of the junior doctor was conducted without a formal request. The government counsel said he was told that the magistrate who conducted an inquiry into the death filled the request form himself and sent it
On Monday, the apex court told the state government’s advocate, Kapil Sibal, that it wanted to see this document and also noted that there was a delay of 14 hours in filing of the first information report (FIR).
The CBI also informed the court about its decision to send samples for forensic test to All India Institute of Medical Sciences in Delhi and submitted its status report on the murder probe in a sealed cover before the court. The court also directed the CBI to file a fresh status report by next Tuesday.
The probe agency’s lawyer also brought to the notice of the Court that there was no information on who collected the forensic samples from the crime scene.
Meanwhile, the Court told RG Kar Hospital doctors to end their strike by Tuesday. The doctors are protesting in connection with the alleged rape and murder of their colleague in the hospital on August 9 and demanding safe working conditions for the medical professionals who work for long hours at a stretch.
The bench asked the protesting doctors that the state government has assured to provide security to them so they should join their duty on Tuesday.
CJI Chandrachud said that a total of three companies of security personnel have been deployed for the security of doctors.
Sibal informed the court that provision for housing the Central Industrial Security Force personnel has been made by the state government.
He informed the court that to avert logistical issues, a senior officer of West Bengal home department along with senior CISF officer shall jointly ensure that all three companies are duly provided accommodation in the vicinity.
Sibal said that in the event further need arises, the two officers shall ensure that all requisition needed by CISF is handed over.
He said the West Bengal government has also filed its status report in the court. He said 23 people have died as doctors weren’t working.
Solicitor General (SG) Tushar Mehta denied Sibal's claim and stated that he didn’t receive the report.
The bench then examined the report submitted by the West Bengal Government in a sealed envelope. The CJI asked what is the distance between the Hospital and the residence of the Principal of RG Medical College and Hospital?
The Solicitor General replied, 15-20 minutes maximum.
The CJI then said, “We want clarification on two aspects: We want to know the time at which UD (unnatural death) came to be registered.”
Sibal said that the death certificate was given at 1.47 pm, entry of unnatural death was done at 2.55 pm at the police station.
Sibal then said Judicial Magistrate (JM) arrived at 4.10 pm, he conducted the inquest from 4.20-4.40 pm, it was videographed.
Sibal said, 8.30-10.45 evening, search and seizure was done, once the body was removed for post-mortem then photos were taken.
CJI said there is CCTV footage to indicate what time the accused entered and exited, obviously there will be footage after 4.30 in the morning... has the CCTV footage in entirety been handed over to the CBI?
The Solicitor General replied, “Yes.”
CJI said, “We will not comment on this... but please tell us on the course of further investigation… please furnish a status report and let CBI pursue the leads they are getting now.
CJI then dictated its order, "It appears the investigation is in progress. Let CBI furnish a fresh status report by next Tuesday. Let us see what happens from now till then. We are not asking what line of investigation they have to adopt," the CJI Said.