The Calcutta High Court on Friday took the Mamata Banerjee-led West Bengal government to task over the mob attack and vandalism at the state-run RG Kar Medical College and Hospital premises, where a 31-year-old trainee doctor was raped and murdered.
The mob attack took place on August 14, a day before Independence Day. A group of 40-50 people broke into the hospital premises on late Wednesday night and vandalised property. Videos show the mob breaking barricades put up outside the hospital and smashing chairs on the ground.
Justice T.S. Sivangnanam, Chief Justice of Calcutta High Court, blasted the Mamata government over the vandalism and called it an "absolute failure of state machinery".
The Calcutta High Court Chief Justice also questioned the state government on why the area was not cordoned off. “You pass Section 144 of the Code of Criminal Procedure (CrPC) for any reason. When so much commotion was going on, you should have cordoned off the area."
The court also questioned the state that how can doctors work without fear, adding that the Kolkata Police is unable to protect itself.
The state counsel informed the Court that steps were taken to curb vandalism but suddenly there was a mob of around 7,000 people, Bar and Bench reported. The state government also added that tear gas was fired, police officials were injured and the emergency department was ransacked.
"Normally if people enter... there is emergency police has to be there... if 7,000 people entered it's hard to believe that state failure isn't there," the High Court said while replying to the state government.
The court also said that if 7,000 people entered, they cannot come walking and that "this is absolute failure of state machinery". The state government said that police force was present on the site and that attempts are on to identify and arrest those involved in the mob attack and vandalism.
The mob also vandalised the emergency ward of the hospital and some police vehicles parked outside.
Another lawyer informed the court that the hooligans indulged in vandalism and the 'hungama' went on even as the Kolkata Police Commissioner came on the site. The lawyer mentioned that the police officials said they can't do much as they suffer from lack of logistics.
"If 7K people gathered then it is 100% weak… but if 15 people entered then we can understand security lapse was there," the Court said. The lawyer said that it is the duty of the police to segregate between the hooligans and normal people.
Citing a judicial committee report, another woman lawyer said that the hospital is lacking in basic facilities for women doctors, adding there is a lack of institutional accountability.