The Supreme Court on Monday highlighted the importance of a missing key document, the challan, in the ongoing investigation into the Kolkata doctor’s rape and murder case.
Chief Justice of India (CJI) DY Chandrachud raised concerns about the absence of the challan, which is necessary for conducting an autopsy. Senior Advocate Kapil Sibal, representing the West Bengal government, acknowledged that he could not locate the document immediately and requested time to retrieve it.
The issue arose after an advocate questioned whether the victim’s clothes were submitted during the autopsy. The CJI emphasized the importance of the challan, stating, “It is important because it has a column showing what clothes and articles were sent along with the body, we want to see that.”
Questions Raised Over Post-Mortem Procedure
Chief Justice Chandrachud pointed out that the post-mortem team should not accept the body without the challan, which typically includes details of the clothes and other personal items. When
Sibal informed the court that the challan might have been filled out by the Chief Judicial Magistrate, the CJI expressed scepticism: “Was the post-mortem carried out without the request form at all?” Solicitor General Tushar Mehta supported the concern, stating that it would be highly unusual since the challan is a statutory requirement.
ALSO READ: Supreme Court asks CBI to file fresh report in Kolkata doctor rape and murder
Justice JB Pardiwala, also on the bench, reviewed the post-mortem report and pointed out inconsistencies. “See the third column on the top, the constable (who brought the body) 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,” he remarked.
CBI Flagging Forensic Concerns
The Supreme Court directed the Central Bureau of Investigation (CBI) to investigate the absence of the challan. Solicitor General Mehta noted that there was no mention of the form in the post-mortem report, suggesting the possibility that the document was created afterward. Sibal denied any such claims, stating, “Nothing is being created subsequently. We will file an affidavit.”
The court order further emphasized that the form had been submitted during a previous hearing at the Calcutta High Court. The CBI informed the Supreme Court that the form was not included in the case file handed over to them, prompting the court to order a fresh submission of the document at the next hearing.
Delay in FIR Filing and Forensic Investigation
Another critical issue discussed in court was the significant delay in filing the First Information Report (FIR). “There is a delay of almost 14 hours in recording the FIR. It is very clear,” remarked CJI Chandrachud. The delay is seen as a roadblock in the investigation of the case.
ALSO READ: ‘Why can’t everything be transparent?’: Supreme Court’s tough questions to Enforcement Directorate in PMLA cases
Solicitor General Mehta also briefed the court on forensic findings. The CBI has raised concerns about who collected key samples in the case, including the victim’s clothing and evidence at the crime scene. Samples were initially sent to the Central Forensic Science Laboratory (CFSL) in West Bengal, but the CBI has now decided to forward them to the All India Institute of Medical Sciences (AIIMS) in Delhi for further analysis.
“We have the forensic examination report, and one thing is admitted: when the girl was found at 9:30 am, her jeans and undergarments were removed and lying nearby… semi-nude and injury marks also on the body… They have taken samples. They have sent [them] to CFSL in West Bengal. CBI has taken a decision to send the sample to AIIMS,” Mehta stated.
Next Steps in the Investigation
The Supreme Court has asked the CBI to file a fresh report by next Tuesday, further probing the forensic and procedural inconsistencies in the case. The case continues to attract widespread attention as both the judiciary and investigative agencies work to uncover the truth behind the tragic incident.
