RG Kar Supreme Court Hearing Update: Investigating Role of 'Others', CBI tells Court

New Delhi: Submitting its fifth status report before the Supreme Court regarding the RG Kar rape and murder case, the Central Bureau of Investigation (CBI) has informed that it has filed a chargesheet against the main accused Sanjay Roy.

In the status report, the CBI further informed that the investigation into the alleged role of others in relation to the rape and murder of the PG trainee doctor at RG Kar Medical College and Hospital is a subject matter of continuing investigation.

"The report of CBI says that chargesheet for role of other accused is a subject matter of investigation. The CBI has also received communications pertaining to certain parties, those are also being looked into by CBI," noted the Chief Justice DY Chandrachud.

What Happened At the Hearing Today? 

During the hearing of the case today i.e. on 15.10.2024, the CJI noted that in its 5th status report dated 15 October, CBI has stated that based on the investigation so far, a chargesheet has been submitted on October 7 for offences under section 64, 66 of the BNS against the accused Sanjoy Roy. ACGM Sealdah has taken cognisance of the same and the hearing for the consideration of trial is fixed for November 4.

Also Read: RG Kar Case: Supreme Court tells protesting doctors to resume work from tomorrow, state to ensure Safety

"The report of CBI says that chargesheet for role of other accused is a subject matter of investigation. The CBI has also received communications pertaining to certain parties, those are also being looked into by CBI," the CJI was quoted noting by Live Law.

Further, the CJI noted that the CBI has also highlighted the development in relation to the financial irregularities in the RG Kar Hospital. Observing that further investigation in both the matters (incident of 9th August and the alleged financial irregularities) may continue, the Court asked CBI to submit status report within 3 weeks.

Meanwhile, the Solicitor General informed the bench that the CBI officers are in direct touch with the deceased's parents. "CBI has been in direct touch with the parents of the deceased and have been apprised of the steps taken so far....the MEITY has contacted the parents of the deceased to ensure that any information of the deceased on any intermediary platform is pulled down," noted the CJI.

Development Regarding the Position of National Task Force: 

When the CJI questioned the Solicitor General regarding the position of the National Task Force (NTF), which was earlier constituted by the Apex Court to draft an action plan to ensure safety of doctors and healthcare workers, the Solictor General informed that approximately 7800 hospitals have submitted information before the NTF.

The CJI further sought to know what happened between 5th September till now. In response, the SG informed that the last meeting was on 9th September. Taking note of this, the CJI questioned why no meeting was held after that.

At this outset, the SG submitted that whatever the task force does is going to be long-lasting and probably that's why they are taking time. "...at the 1st meeting of the NTF , 4 sub groups were constituted to engage with stakeholders and to prepare their recommendations of the following ......pursuant to the directions of 22 aug, a weblink for seeking inputs was made, about 1700 inputs have been recieved....pursuant to the directions in judgement of 20 August...the Ministry of Family and health shared questionnaires," noted the Court.

"7880 hospitals submitted their responses....presently it is seen that the NTF has not made any substantial progress ...the SG admitted that no meeting happened since 9 Sept, we are of the view that Union must take proactive steps to ensure that work of the NTF is completed within a reasonable time period in future," the CJI further observed, adding that the meetings of the NTF should have happened periodically, and all sub groups should hold regular meetings and this exercise is to be completed within 3 weeks.

Safety Measures Implemented by West Bengal Government: 

Meanwhile, Senior Advocate Dwivedi pointed out before the Court that the West Bengal Government has filed an affidavit on the previous safety measures to be taken for doctors by the State.

He further informed that the work was completed in all the other hospitals and whatever little shortfall could be noticed was with regard to the work to be completed in RG kar. Regarding that, he assured that the state has got clearances and the work will be completed by 31st October, 2024.

As per Advocate Dwivedi, Committee has been formed at various levels, emergency alarms have also been installed. When the CJI questioned if biometric facilities had been installed, Advocate Dwivedi answered in affirmative and assured to update the same by 31st October. He informed that such facilities will be installed in restrooms and other areas.

Taking note of the affidavit by West Bengal Government, the CJI observed, "...the affidavit has given us the breakup of the work on restrooms, dutyrooms and CCTVs, 90% work is done, RG Kar work is left."

However, Advocate Karuna Nandy appearing for Bengal doctors informed the Court that as per the doctors working at the hospitals, no such work has been done.

"...they have also provided the photographs in annexure apart from the budgetary allocations," noted the CJI, further adding that "as regards the status of the work at RG Kar the affidavit contains the following....Mr Dwivedi has assured the court that all the ongoing shortfall work at 228 medical colleges will be completed by 21 Oct and at RG Kar on 31 October."

"committees by state (1) grievance redressal; (2) security audit at state and district levels....the verification of the security personnels deployed at the hospitals is also complete...the state has rolled out an integrated hospital management system..." further noted the CJI.

The Court further observed that the system monitors, the online discharge, online drug prescriptions etc., online realtime bed vacation monitor will also be there.

At this outset, Advocate Jaisingh, appearing for the Junior Doctors in Bengal, submitted that the integrated system must ensure that the referral made to the hospital has adequate doctors and facilities. She pointed out that the patients say that the referrals are made to wrong hospitals and then they take out their anger on the doctors. She further explained that often such hospitals are referred where no bed is available.

Taking note of these submissions, the Apex Court bench noted, "IHMS ensure that the hospital referred should have (1) available beds; (medical facilities and medicines etc."

Another advocate referred to an instance where a girl was molested in a lift of the hospital, and argued that CCTVs should be in the hospital lifts also.

Meanwhile, Advocate Karuna Nandy suggested for the doctors to be on the committee for security audits. When the CJI noted that they have to be on work for that, Advocate Nandy clarified that they are on work.

"Mr Dwivedi has assured the court that the representatives of the State are in touch with the doctors regarding the steps taken for the security audit," noted the CJI.

When Advocate Nandy expressed concern over the number of civilian hire for security, the CJI questioned how many civic volunteers were there in West Bengal. Advocate Nandy informed the number was 1514. "...this accused was a civic volunteer, how was he recruited ?" questioned the CJI.

In response, the Advocate informed that he was recruited through a state notification, which was challenged before the High Court. At this outset, the Court asked Advocate Dwivedi to submit information on the (1) legal source of authority for hiring civic volunteers, (2) the qualifications, (3) the institutions in which they are assigned duties, (4) the payments made on daily and monthly basis and the budget.

The CJI further added that the addifavit shall also mention the steps to ensure that such civic volunteers are not posted in hospitals, police stations, investigation of crime. 

Hunger Strike of Junior Doctors: 

Meanwhile, Advocate Jaisingh informed that the junior doctors have gone back to work and only a few are on hunger strike. She further informed that among the 8 doctors who were on hunger strike, 3 were hospitalized and the rest will continue with the hunger strike. 

She further explained that in RG Kar no student elections have happened since 2022 and therefore nominated persons from the political background come into picture, promoting favoritism. However, observing that it was not the remit of the present case, the Court asked to seek relief before the High Court under 226.  The matter has been listed for further hearing after Diwali break.

Also Read: RG Kar Case: 'Why Progress on safety measures so tardy?' SC pulls up WB Govt, seeks National Task Force's Report