R G Kar rape-murder: Got substantial leads in CBI probe, may consider widening probe, says SC

The bench, also comprising Justices J B Pardiwala and Manoj Misra, said: “The CBI, as it appears before the court, is conducting an investigation on 2 facets — first, the alleged rape and murder which took place on August 9, 2024 at RG Kar Medical College and Hospital, and second, the allegations in regard to financial irregularities… Whether each of these are completely disconnected features or whether there is a relationship between the two is a matter again of investigation by the CBI. Doing the course of the hearing, learned counsel appearing on behalf of the resident doctors as well as their associations have drawn the attention to the fact that several persons against whom there are serious allegations of misdemeanour in the medical college are still occupying positions of responsibility.”

The court recorded the submissions of Senior Advocate Rakesh Dwivedi who appeared for the state government that if the CBI would share with the state government, preliminary material which will indicate the complicity of any person/persons in positions of authority, the state government will duly take necessary action in accordance with law consistent with the service rules and regulations. The bench was responding to concerns by the lawyers appearing for the doctors and associations seeking to highlight the alleged failures of the government that many of those allegedly involved in the cover up of the crime as well as financial irregularities were still in office.

A counsel who had appeared for some of the petitioners before the HC said Kolkata is burning today because people still remember what happened in the case of murder of a doctor Chandan Sen some 21 years ago, and his alleged killers acquitted.

“…As far as RJ Kar is concerned, there is also a Bangladeshi module whereby the bio-waste was being sent into Bangladesh,” he said.

Advocate J Sai Deepak, representing Tilottama Trust said it has identified the inter-state nexus.

To this, the CJI said “if we expand the investigation across other hospitals, then we will be in a situation where CBI will be left with an impossible situation… we will see what further to do…”

The CJI also told Solicitor General Tushar Mehta that he can look into the requests and tell the court if there’s a need for broadening the investigation “…If this is a part of a broader nexus…then certainly this is a matter which we will have to entrust to the CBI, of course. But before we do that, we must have some concrete materials….”

Senior Advocate Indira Jaising, appearing for the Association of Resident Doctors, said that at least seven persons being investigated are still employed and they should be temporarily suspended pending the inquiry.

S G Mehta said the CBI report has referred to claims about “the aforementioned doctors…working on behalf of administration and also obstructing protests”.