Calcutta High Court transfers RG Kar ‘rape & murder’ case to CBI
Kolkata: The Calcutta High Court, on Tuesday, transferred the case of alleged rape and murder of a post-graduate trainee doctor at RG Kar Medical College & Hospital to the Central Bureau of Investigation (CBI) who would conduct a court-monitored probe.
The court also directed the former principal of RG Kar and incumbent principal of Calcutta National Medical College, Sandip Ghosh to go on “extraordinary leave” besides appealing to doctors to consider calling off the agitation so innocent patients coming to government hospitals do not suffer.
The bench of Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya was hearing about five petitions relating to the case, one of which was filed by the parents of the victim. This petition was treated as the leading case by the court.
After transferring the case to the CBI, the court directed the police to hand over the case diary to the CBI officer who was present in court. “CCTV footage, statements, if any and all material and matters concerning the case shall be handed over to the C.B.I. by 10:00 a.m. tomorrow.”
The CBI was directed to file periodical reports before the court concerning the progress of investigation and the first report is to be filed in a sealed cover on the next date of hearing, it was directed.
The court took into account several factors for transferring the case to CBI. Firstly the parents’ apprehension that if the State police is permitted to continue the investigation, it may get derailed and the culprits will not be brought to books. They fear that “evidence would be destroyed and the witnesses would be influenced” and hence sought for a CBI probe.
The court observed: “On or after August 9, prima facie there has been no significant progress as till date, the State police have not arrested any other person, who may be allegedly involved in the commission of the offence. The place where the crime had been committed assumes extraordinary importance viz. It is in a Government hospital. The victim was a doctor working in the same hospital.”
“Considering these factors, we would be well-justified in making an observation that the administration was not with the victim or the family of the victim”, the court further observed.
The court also observed that it is a “peculiar case” and the facts and circumstances warrant appropriate orders without further loss of time.
“We are convinced to say so because even after a lapse of five days there appears to be no significant progress in the investigation, which ought to have happened by now…”.
Considering the public agitations, the court felt it “imperative and necessary” to exercise its jurisdiction “failing which the confidence in the public mind would be shattered and the public confidence will also be jeopardised.”
The matter is listed after three weeks.
Meanwhile, after the Calcutta High Court on Tuesday ordered the transfer of probe into the alleged rape and murder of the trainee doctor from Kolkata Police to the CBI, Trinamool leader Kunal Ghosh said: “Chief Minister earlier said that her government has no objection if the case is given to any other investigating agency. The Kolkata Police were carrying out an investigation by the best officers.”
