CJI-led Supreme Court Bench Schedules Hearing for RG Kar Case on January 29
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Synopsis
The Supreme Court has set January 29 for a hearing regarding suo moto cognisance of the rape and murder of a junior doctor at R.G. Kar Medical College in Kolkata. The West Bengal government is challenging the life sentence of the convict, Sanjay Roy, and seeking the death penalty.
Key Takeaways
- The Supreme Court will hear the RG Kar case on January 29.
- West Bengal government challenges life sentence of convict.
- CBI involved in investigation and legal proceedings.
- National Task Force to address doctor safety concerns.
- Compensation awarded to the victim's family.
New Delhi, Jan 22 (NationPress) The Supreme Court has scheduled January 29 for a hearing regarding its suo moto cognisance of the rape and murder of a junior doctor at the state-operated R.G. Kar Medical College and Hospital in Kolkata, which occurred in August 2024.
"We will address this at 2 pm next Wednesday (January 29)," announced a bench led by CJI Sanjiv Khanna, alongside Justices Sanjay Kumar and KV Viswanathan, as they postponed the hearing due to time constraints.
The CJI Khanna-led Bench instructed senior advocate Karuna Nundy, representing medical professionals’ associations, to share a copy of interlocutory applications filed with the opposing side.
Meanwhile, the West Bengal government has approached the Calcutta High Court, contesting the ruling of a Kolkata special court that sentenced Sanjay Roy, the only accused, to life imprisonment for the rape and murder of the female doctor.
During the hearing on Wednesday morning before a division bench of Justices Debangshu Basak and Shabbar Rashidi, the CBI challenged the petition from the state government and questioned the basis for such an appeal.
Deputy Solicitor General Rajdeep Majumdar argued that only the CBI, which is the investigating agency, and the victim’s parents could file such a plea in a higher court, not the state government, which is not a party in the case.
To substantiate his argument, Majumdar referenced a case involving the CBI against former Bihar Chief Minister and Rashtriya Janata Dal Chief Lalu Prasad Yadav, where the Patna High Court did not entertain the state government’s plea.
The admissibility of the West Bengal government’s petition will be determined by the Calcutta High Court on January 27.
Previously, West Bengal Chief Minister Mamata Banerjee declared that the Bengal government would contest the sentencing at the Calcutta High Court and seek the death penalty for the convict.
"I firmly believe this is a rarest of rare case that warrants capital punishment. We aim to advocate for the death penalty in this extremely heinous and sensitive case," stated the Chief Minister.
When announcing the sentence, special court judge Anirban Das remarked that the CBI’s assertion that Roy's crime was among the "rarest and rare crimes" was not substantiated.
Thus, the judge determined that instead of the death penalty, Roy, previously a civic volunteer with Kolkata Police, should receive a sentence of life imprisonment. Additionally, a fine of Rs 50,000 was imposed on Roy.
The special court also mandated the West Bengal government to compensate the victim's family with Rs 17 lakh, noting that since the victim was raped and murdered at her workplace, a state-run entity, the government is legally obligated to provide compensation.
In a prior hearing in November 2024, the Supreme Court had stated it would not issue directions to transfer the trial of this horrific rape and murder case outside West Bengal.
A bench, led by former CJI D.Y. Chandrachud, dismissed an oral request from a lawyer to transfer the case outside the state.
"Yes, we have transferred cases (of gender violence) in Manipur. However, we are not doing anything similar in this instance," it was remarked.
The apex court noted that the trial was set to commence on November 11 at a special court in Kolkata once charges were framed against the sole prime accused, Sanjay Roy.
The charge framing process was completed on November 4, exactly 87 days after the woman junior doctor’s body was found in a seminar hall within the state-run R.G. Kar premises on the morning of August 9, 2024.
In October, the CBI submitted its first charge sheet against Roy, a civic volunteer affiliated with Kolkata Police, regarding the alleged rape and murder case.
The charge sheet did not exclude the possibility of a broader conspiracy behind the gruesome crime, which involved alleged tampering and alteration of evidence during the initial investigation conducted by Kolkata Police.
In addition to Roy, two others apprehended by CBI officials in this case are RG Kar Medical College and Hospital's former Principal, Sandip Ghosh, and the former SHO of Tala Police Station, Abhijit Mondal. RG Kar falls under the jurisdiction of Tala Police Station.
The primary allegations against Ghosh and Mondal involve misleading the investigation while Kolkata Police was probing the case prior to its reassignment to CBI by the Calcutta High Court. Both have been accused of evidence tampering in the case.
Taking suo moto cognisance of the rape and murder of the junior doctor at the state-run R.G. Kar Medical College and Hospital in Kolkata, the Supreme Court characterized the incident as "horrific," which raises a "systemic issue of safety for doctors nationwide."
"We are profoundly concerned about the lack of safe working conditions for young doctors across the country, particularly in public hospitals," it stated.
The apex court mandated the establishment of a National Task Force (NTF) to recommend measures to ensure the safety of medical professionals nationwide, observing that the safety of doctors is of the "highest national concern."
