The Supreme Court on Tuesday took Sandip Ghosh, the former principal of RG Kar Medical College and Hospital (RGKMCH), to task. The court said that the principal tried to pass off the case as suicide and also questioned him for not allowing the parents of the victim to see the body.
The bench, led by Chief Justice of India DY Chandrachud, was hearing the suo motu case on the rape and murder of a 31-year-old trainee doctor in the state-run medical college.
The top court also mentioned that it appears that the crime was detected in the early hours of the morning and no FIR was filed until late at night, saying that this is a clear case of murder.
Replying to this, senior advocate Kapil Sibal denied the fact and said that a case of unnatural death was registered. Sibal added that inquest shows that this was a case of murder.
The apex court also reprimanded the Kolkata Police on the mob attack and vandalism at the hospital on the intervening night of August 14 and 15. The top court questioned the cops on how can a mob of thousands enter the medical college.
Solicitor General Tushar Mehta pointed out that a mob of 7,000 people cannot enter the RG Kar hospital without the knowledge of the Kolkata Police. Moreover, the apex court also raised concerns over the fact that the name, photo and video clip of the Kolkata rape victim being made public.
"We are deeply concerned about the fact that the name, photo and video clip of the Kolkata rape victim was published all over. The law prohibits publishing victims' names. Is this the way we provide dignity to the young doctor who has lost her life?" the bench asked.
During the course of the hearing, S-G Mehta said that the issue should not be trivialised. He further said that we are dealing with a young doctor's rape by a 'sexual pervert' who also had an animal-like instinct, referring to the main accused Sanjay Roy.
The bench also highlighted the need for a national protocol to ensure safe working conditions for young doctors, most of whom put in 36 hours at work. To substantiate his point further, CJI Chandrachud highlighted instances of violence against doctors in West Bengal and Hyderabad as well as the Aruna Shanbaug case.
"This is a sign of potent failure and systemic failure for working conditions of doctors. Due to ingrained patriarchal biases, the relatives of patients are more likely to attack the women doctors and they are more susceptible to sexual violence too and Aruna Shanbaug case is a case in point," the CJI was quoted as saying by Bar and Bench.
Besides this, the CJI asked the Central Bureau of Investigation (CBI), which is probing the case at present, to file a status report and apprise it on the status of the probe.
"We are setting up a national task force and want them to give recommendations on the modalities to be followed across the country for the safety measures for senior and junior doctors," the CJI further said.
The body of a 31-year-old trainee doctor was found on August 9 in the seminar hall of the state-run hospital. Following day, a civic volunteer was arrested in connection with the case.