Chief Justice DY Chandrachud was hearing the matter with Justice JB Pardiwala and Justice Manoj Misra
New Delhi:
The Supreme Court today refused to transfer the RG Kar rape-murder case trial outside West Bengal and rebuked a lawyer who claimed that the people of the state were losing faith in the police and the judiciary. Responding to a lawyer’s request to transfer the case, Chief Justice of India DY Chandrachud said, “Yes we have done it in cases like Manipur. But we are not doing anything like that here. No such transfer.”
At the outset, the bench, also comprising Justice JB Pardiwala and Justice Manoj Misra, went through the status report filed by the CBI, which is investigating the heinous rape and murder of a 31-year-old doctor in Kolkata’s RG Kar Medical College and Hospital in August.
“We have seen the sixth status report filed by CBI, which indicates that the Additional Sessions judge has framed charges punishable under Sections 64 and 103 of BNS (Bharatiya Nyaya Sanhita). The next hearing is on November 11. Since the investigation is underway, we refrain from making observations. Let an updated status report be filed after four weeks,” said the Chief Justice, who retires this Sunday.
The bench also reviewed a report by the National Task Force formed to recommend steps to ensure safe working conditions for healthcare staff in hospitals. The Chief Justice said the report must be circulated among Chief Secretaries of all states/Union Territories so that they can make suggestions. He said this exercise must be completed in three weeks.
Senior Advocate Indira Jaising, appearing for doctors in Bengal, raised some objections. The Chief Justice asked her to submit the suggestions.
At one point, a counsel said that the people of West Bengal “have lost faith in the judiciary”. The Chief Justice responded sternly and asked the lawyer, “Who are you appearing for? Do not make such general statements. There is no such thing at all.” He added that this was “canteen gossip happening in court”.
The RG Kar rape-murder incident sparked massive protests across the country as doctors took to the streets to demand safety at the workplace. The Mamata Banerjee government drew fire as protesters alleged a cover-up attempt. The Calcutta High Court was not satisfied with the Kolkata Police probe and transferred the case to the CBI. The Supreme Court took suo motu cognizance of the matter and pulled up the hospital administration for its response after the doctor was found dead. The top court has been monitoring the CBI’s probe since. Once Chief Justice DY Chandrachud retires, the next Chief Justice Sanjiv Khanna will take his place on the bench hearing the case.