SC flays Bengal Police, objects to publication of victim's name

NEW DELHI: Expressing shock over the rape and murder of a 31-year-old doctor at RG Kar Medical College and Hospital, Supreme Court on Tuesday said that it was time for a "national catharsis" and that "the nation cannot await a rape or murder for real changes on the ground". It also made a fervent appeal to protesting doctors to resume work.

A bench headed by CJI DY Chandrachud flayed the West Bengal Police for its inaction - registering an FIR "belatedly" and its sheer inability to deal with vandals who allegedly threatened women doctors.

"We are unable to comprehend how the state was not prepared to deal with the incident of vandalisation," the CJI verbally remarked. "The hospital is invaded. Critical facilities were damaged... A very serious offence has taken place," the CJI said, adding that the first thing the police has to do is to protect the crime scene.


West Bengal government's counsel said a case of unnatural death was immediately registered after the incident was reported. The bench retorted: "A UD is not an FIR. It is only a report." SC was informed that the FIR was registered at 11:45 pm. "The autopsy would reveal that she has been murdered. Nobody in the hospital registers FIR. What were the hospital authorities and principal and vice principal doing," SC said.

The CJI verbally remarked that SC is "very very concerned" about the safety of protesters. "Let the power of West Bengal Police be not leashed on peaceful protesters," the CJI verbally said, adding "so long as there is no act of destruction (by the protesters)". He asked the state government counsel to direct the police to "deal with sympathy" with protesters.

SC also ordered deployment of Central Industrial Security Force at the hospital. The direction was passed after the counsel appearing for Organisation of Doctors of West Bengal placed on record a complaint by a senior resident, setting out details of the incidents. SC was told that while the doctors were participating in 'Reclaiming the Night' protest, women doctors at RG Kar Hospital were threatened that they would meet the same fate as the rape victim if they continued with the protest. The bench expressed deep concern over the allegation that West Bengal Police fled from the scene when a mob attacked the protesters.

The bench also expressed its strong disapproval of publication of the name of the victim. "The name and graphic images of the deceased have been widely circulated on social media without regard to her privacy or dignity," the order reads. SC also cornered the government on appointing the hospital's principal as another college's principal hours after his resignation from the RG Kar hospital.

SC formed a 9-member task force - a diverse body of people with healthcare experience - to "formulate effective recommendations to remedy the issues of concern pertaining to safety, working conditions and well-being of medical professionals and other cognate matters". It will be headed by surgeon vice admiral Arti Sarin, AVSM, VSM, director general, medical services (Navy). Ex officio members are Cabinet Secretary; home secretary; secretary, Ministry of Health and Family Welfare; chairperson, National Medical Commission; and President, National Board of Examinations.

The task force has been requested to submit an interim report within three weeks and final report in two months. CBI has been directed to submit a status report of its investigation into the crime by Thursday. SC has directed the police to furnish a status report of the probe into the acts of vandalism.

The case will be taken up for resumed hearing on Thursday.