The Calcutta High Court on Tuesday directed the Central Bureau of Investigation (CBI) to take over the probe into the brutal rape and murder of a 31-year-old resident doctor at RG Kar Medical College in Kolkata. The decision comes amid growing public outrage and concerns over the pace and integrity of the ongoing investigation.
A Bench comprising Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharyya ordered the CBI to prioritize the investigation, stressing the urgency of the situation. The court suggested that if there was a shortage of manpower, officers from neighbouring states could be enlisted to assist.
“The case at hand is a peculiar one,” the Bench stated. “The facts and circumstances warrant appropriate orders without further loss of time. We are convinced to say so because even after the lapse of five days, there appears to be no significant progress in the investigation which ought to have happened by now. By further loss of time, we would be well justified in accepting the plea of the writ petitioners, particularly the parents of the victim, that there is every possibility that evidence could be destroyed and witnesses influenced. Therefore, we deem it appropriate to transfer the investigation to the Central Bureau of Investigation.”
The West Bengal government has been ordered to transfer all relevant case diaries and records to the CBI by 10 AM on Wednesday.
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The CBI has been instructed to have an officer present in court for the handover. The matter is scheduled to be heard again in three weeks, by which time the CBI is expected to submit a report on the investigation’s progress.
The rape and murder of the junior doctor sparked widespread protests across West Bengal, eventually leading to the resignation of the college principal, Dr. Sandip Ghosh. The principal faced severe criticism and allegations of victim-blaming and attempting to link the doctor’s death to psychosis.
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HC takes note of protests
The High Court also took note of the ongoing protests by doctors across the state, urging them to resume their duties. “We are truly appreciative of the feelings vented out by doctors and students, particularly those at RG Kar Medical College. However, there is a pious obligation on the part of doctors to treat their patients, especially those who come to government hospitals and are not from the affluent strata of society. We appeal to the medical community to discuss with senior officials of the State government and consider calling off their agitation to avoid any prejudice to the public who rely on these hospitals,” the court was quoted by Bar and Bench as saying.
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The investigation initially faced scrutiny when it was revealed that the victim’s parents were informed that their daughter had died by suicide, raising suspicions of a cover-up. The Court questioned why the case was initially registered as an “unnatural death” rather than as a murder, highlighting that the college principal or hospital administration did not file a formal complaint, which the Court described as a “serious lapse giving room for suspicion.”
Court’s criticism of principal’s new job
The court also criticized the State’s decision to quickly reappoint Dr. Ghosh to a new post at another college following his resignation from RG Kar Medical College. “It is difficult to comprehend why, when a person submits his resignation, the concerned authorities of the State did not exercise the two available options—either to accept the resignation or refuse it. The State government should have considered the circumstances leading to the resignation,” the Court remarked.
In light of these concerns, the Court made it clear that Dr. Ghosh could not be allowed to continue in his new post. Following the Court’s censure, Dr. Ghosh’s counsel informed the Bench that he would immediately go on leave. The Court ordered that any application for leave should be accepted and that Dr. Ghosh should not be permitted to hold his new post until further notice.
The case has now been transferred to the CBI, and the nation awaits the outcome of this high-stakes investigation.
