The Supreme Court of India was informed late Wednesday that crucial evidence from the rape and murder case of a female trainee doctor in Kolkata has been compromised. The Central Bureau of Investigation (CBI) reported that the crime scene was destroyed and evidence erased. The Court scheduled the next hearing for September 5.
The CBI revealed that it received the case for investigation five days after the incident. During the hearing, Chief Justice DY Chandrachud emphasized that no punitive action should be taken against the protesting doctors, who have raised concerns about being targeted.
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“The doctors have expressed fears of being implicated,” said Chief Justice Chandrachud. “We hope that the court’s directives will be followed and that the doctors will return to their duties without facing repercussions. If any action is taken against them, we direct that no punitive measures be enforced.”
Welfare Of The Doctors
The Court further addressed allegations involving West Bengal’s current minister, who allegedly threatened violence against critics. Chief Justice Chandrachud urged not to politicize the issue and affirmed that the law must take its course. The Court stressed that the focus should remain on the investigation and the welfare of the doctors.
The Supreme Court further instructed the CBI to continue its investigation into the death and for the Kolkata Police to handle the investigation into the vandalism. Moreover, the Court reiterate that no arrests solely for protesting.
Polygraph Test
The CBI and West Bengal government have submitted reports showing that a polygraph test request for the accused is in process, with a decision expected from the Chief Judicial Magistrate of Sealdah by August 23.
Justice Pardiwala demanded the presence of the responsible police officer in the next hearing and criticized the state government’s handling of the case. He also questioned the timing of the first unnatural death report and the actions of a non-medical official involved in the case.
A resident doctor from Nagpur AIIMS filed an application claiming attacks and obstructions to taking exams due to the protests. Chief Justice Chandrachud assure doctors that no action would be taken against them and urged all doctors to return to work to ensure the functioning of public health services.
National Task Force
The Court acknowledged concerns from the Delhi Medical Association and other medical bodies about the inclusion of representatives in the National Task Force (NTF). Chief Justice Chandrachud confirmed that the NTF will listen to all stakeholders, including interns, residents, senior residents, nurses, and paramedical staff.
Solicitor General Tushar Mehta reported that doctors only pressured officials into conducting videography of the post-mortem and that the authorities filed the FIR after the victim’s cremation. He also refuted allegations of evidence tampering and clarified that the CBI faced challenges due to the delayed entry into the crime scene.
However, the Supreme Court directed the Health Ministry Secretary to convene a meeting with Chief Secretaries and DGPs of states within a week to address the safety of doctors returning to work and ensure their protection.
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