Kolkata horror: Supreme Court flags missing post-mortem challan

Surprised over a missing challan of the body of the RG Kar Medical College and Hospital rape and murder case victim when it was handed over for post-mortem, the Supreme Court on Monday asked the State of West Bengal to produce the crucial document on September 17.

“See the third column on the top, the constable 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,” a Bench of CJI DY Chanddrachud, Justice JB Pardiwala and Justice Manoj Misra said after perusing the status reports submitted by the CBI and the West Bengal Government.

Solicitor General Tushar Mehta, who represented the CBI, said, “In the absence of mention in the post-mortem report, the possibility of it having been created subsequently cannot be ruled out.”

Senior counsel Kapil Sibal, representing the West Bengal Government, sought to emphasise that the post-mortem was conducted in the presence of a judicial magistrate and it was videographer as well.

Mehta and Kapil Sibal accused each other of politicising the issue. As Sibal said the document in question was not present in the documents produced before the court, the Bench directed the state government to produce it on September 17 -- the next date of hearing.

Noting that the challan would have entries regarding the articles and materials sent along with the body for autopsy, the Bench said the probe agency should ask for it from the state.

It also asked the CBI to file a fresh status report outlining the new developments by the next date of hearing even as it said, “We don't want to guide the CBI on its investigation.”

The CBI has decided to send forensic samples to AIIMS for further investigation, it added.

Noting that protest can’t be at the cost of duty, the top court asked the West Bengal doctors protesting against the rape and murder of a colleague of theirs at the RG Kar Medical College and Hospital, Kolkata to report back to work by 5 pm Tuesday.

“If the doctors report for duty on or before 5 PM tomorrow then no adverse disciplinary action shall be taken against them. All concerns on safety and security shall be promptly attended to. However, if there is continuous abstaining from work then disciplinary action can be taken against them and they cannot be oblivious to the general concerns of the community whom they intend to serve,” said the Bench – which had on August 18 taken suo motu cognisance of the horrific incident that triggered nationwide doctors’ protest

It also ordered immediate removal of photographs of the victim from all social and electronic media platforms to protect the dignity and privacy of the deceased after being informed that her photographs were being circulated online.

The top court directed the state government to ensure safe working conditions at hospitals. “The State of West Bengal must create steps to create a degree of confidence in the minds of the doctors… The police shall ensure that necessary conditions are created for ensuring safety of all doctors,” it said.

The Bench also ordered the West Bengal Government's Home Department and the CISF to ensure all three companies of the CISF deputed for security at the RG Kar Hospital, were given accommodation. All requisition, including security gadgets asked for by the CISF should be handed over to the central force by this evening, it ordered.

Earlier, Sibal submitted a status report on behalf of the state that said 23 people have died since doctors went on strike and 6,000 people have been affected as they abstained from work.

Senior counsel Geeta Luthra, representing a resident doctors’ association, told the Bench that several doctors were facing bullying and threats while some of them were giving voluntary treatment outside the hospital.

The junior doctors in West Bengal have been on strike since August 9 when a badly injured body of a post-graduate trainee doctor was found in the seminar room of the RG Kar Hospital, Kolkata.

The Kolkata Police initially registered a case of unnatural death and arrested Sanjay Roy -- a civic volunteer the next day.

However, acting on a petition filed by the victim’s parents, the Calcutta High Court on August 13 transferred the probe to the CBI, expressing dissatisfaction over the investigation conducted by the Kolkata Police.

The CBI has questioned Dr Sandip Ghosh, former Principal of RG Kar Medical College and then arrested him in a corruption case.