Kolkata rape case: SC questions timing of legal formalities, says 'extremely disturbing' to see delay in registration of unnatural death

As Chief Justice of India (CJI) DY Chandrachud led-Supreme Court bench resumed hearing on Kolkata murder-rape case, the top court termed the delay by state police in registering the unnatural death of the woman doctor who was raped and murdered at the RG Kar Medical College and Hospital as "extremely disturbing."

"One aspect is very disturbing that the unnatural death entry was made at 10:10 am. The Police was informed then that it was an unnatural death and disregarding all this the demarcation of crime scene etc happened in the night?" questioned the CJI during the hearing.

Further asking on the sequence and timing of legal formalities conducted by police, the bench said it was very surprising that the postmortem of the deceased was conducted on August 9 between 6.10 pm to 7.10 pm before the registration of case as unnatural death. "How was it that the post-mortem was conducted at 6.10 pm on August 9 and yet the unnatural death information is sent to Tala police station at 11.30 pm on August 9. This is extremely disturbing," the bench, also comprising Justice J B Pardiwala and Manoj Misra, said.


It directed the Kolkata Police officer, who registered the first entry about the rape-murder that has shocked the country, to appear in the next hearing and disclose the time of the entry.

Solicitor General Tushar Mehta, appearing for the CBI, told the top court that the most shocking fact is that the FIR was registered at 11.45 pm after the postgraduate medic was cremated.

"State police told parents it was suicide, then they said it was murder. Victim's friend suspected cover up and insisted on videography," Mehta told the bench.

Meanwhile, SG Tushar Mehta, also accused that the crime scene was altered before the CBI entered the probe on the fifth day from the date of incident. The state government however denied the allegations.

The bench also urged health professionals return to work and and state governments to ensure public safety. The apex court also ensured that the court will prevail upon authorities that no adverse action be taken against the doctors, who have been protesting in the Kolkata doctor-murder case, once they do.

The Supreme Court had on August 18 taken suo moto cognisance of the case which has sparked protests across the nation, especially by medical professionals. In its first hearing on August 20, the DY Chandrachud-led bench formed a National Task Force to propose recommendations to ensure improved safety of workplaces, especially that of doctors and women professionals.

(with agency inputs)