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SC refuses to transfer RG Kar trial outside Bengal

The top court says the trial judge has sufficient powers to order another investigation upon feeling it necessary after examining the evidence
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The Supreme Court on Thursday refused to transfer the trial relating to the rape and murder of a doctor at the RG Kar Medical College and Hospital, Kolkata, out of West Bengal.

"Yes, we have done it (transferred trial out of a state) in cases like Manipur (ethnic violence case). But we are not doing anything like that here. No such transfer," a three-judge Bench led by CJI DY Chandrachud told a lawyer who demanded that the trial be shifted out of the state.

As the lawyer said, "People of West Bengal are losing faith in police and judiciary," the CJI pulled him up for making such a statement.

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"Do not talk about people. Whom are you appearing for? Do not make such general statements. There is no such thing at all," the Bench – which had on August 18 taken suo motu cognisance of the horrific incident -- told the lawyer.

The top court said the trial judge had sufficient powers to order another investigation upon feeling it necessary after examining the evidence.

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It examined the sixth status report filed by the CBI in relation to the case of rape and murder at Kolkata's RG Kar Medical College and Hospital, but refrained from making observations saying the probe was under way.

A Kolkata court had framed charges against prime accused Sanjay Roy on November 4 and a day-to-day trial in the case would start on November 11, it said.

The National Task Force (NTF) set up by the top court to frame a protocol over the safety of health professionals submitted its report to the Bench which directed the report to be shared with all states and union territories and posted the hearing after four weeks.

A badly injured body of a post-graduate trainee doctor was found in the seminar room of the RG Kar Hospital, Kolkata, on August 9, outraging the nation and triggering nationwide protests by doctors.

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 questioned Dr Sandip Ghosh, former Principal of RG Kar Medical College, and then arrested him in a corruption case and the rape and murder case.

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