SC asks CBI if persons under scanner were still in positions of power in RG Kar

The Supreme Court on Monday asked the Central Bureau of Investigation (CBI) on Monday to find out if any persons under scanner for financial irregularities or involved with the brutal rape and murder of a junior doctor were still in “positions of power” within Kolkata’s RG Kar Medical College and Hospital.

A three-judge Bench headed by Chief Justice of India DY Chandrachud asked Solicitor General Tushar Mehta, appearing for the Central agency, to report for the next date of court hearing.

The order was prompted by submissions from junior doctors that the presence of these individuals “mentioned” in connection with financial fraud and who were also present at the crime scene “where they had no business to be” was contributing to the “threat culture.”

Senior advocates Karuna Nundy and Indira Jaising urged the court to either direct these persons to be suspended or sent on leave until the CBI probe was completed.

However, the court asked the junior doctors and their associations to confidentially share the names of these persons with the CBI, who would forward them to the West Bengal government.

“Ultimately the power is with the West Bengal government as the disciplinary authority,” the CJI remarked.

Nundy, for the junior doctors, said the “people in power” were not just confined to RG Kar but were also placed in positions of authority in bodies like the exam board and West Bengal Medical Council.

“Indicate who these people are and we will act,” senior advocate Rakesh Dwivedi with advocate Aastha Sharma, for West Bengal, reacted.

Fourth status report

The saw hearing the CBI submit its fourth status report on the rape and murder of the young doctor on August 9. The CJI said the CBI investigation has seen “substantial leads” in both the rape and murder and financial irregularities angles.

The court further directed the Ministry of Electronics and Information Technology (MeitY) to nominate a nodal officer to act on unauthorized uploading of the victim’s name, photographs and other identity details on social media platforms. The court was reacting to a complaint by her distressed parents that these details were proliferating on social media, invading their daughter’s privacy and dignity. They expressed consternation about the release of a film scheduled on Tuesday about the RG Kar incident. “How will she be portrayed… that too when the investigation was going on,” the parents’ counsel, advocate Vrinda Grover, submitted. The court ordered that no social intermediaries would upload any material revealing her identity or pertaining to the crime committed at RG Kar.

Meanwhile, the court found that the West Bengal government had not completed even 50 per cent of the infrastructural work for the safety and well-being of doctors in medical colleges and hospitals across the State, especially in RG Kar itself. The court had, on September 17, given 14 days for the State to build separate duty rooms, toilets, put in place additional safety measures and even biometric access to critical areas in hospitals.

“No part of the work has crossed 50 per cent… Why is the progress so late?” Chief Justice Chandrachud enquired.

Mr. Dwivedi said the delay was due to the tender process and logistical issues and sought time until October 15 to complete the task.

The court recorded Ms. Jaising’s submission that protesting doctors have re-joined work and were performing all essential services, including OPD and IPD duties, and emergency work in hospitals.