Supreme Court refuses to transfer RG Kar trial outside West Bengal

The Supreme Court on Thursday refused to transfer the trial in the murder and rape of junior doctor at RG Kar Medical College and Hospital in Kolkata to a State outside West Bengal.

The trial of the prime accused Sanjay Roy is scheduled to commence from November 11.

The Central Bureau of Investigation (CBI), which probed the case, informed a three-judge Bench headed by Chief Justice of India DY Chandrachud in its latest status report that the Kolkata Sessions Court has already framed charges against Roy on November 4, over 85 days after the horrific incident happened at the state-run college and hospital on August 9.

“Let the trial start. We will not shift the trial outside West Bengal. That will only cast doubts on our own judiciary,” Chief Justice Chandrachud said.

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The court said this plea to shift the trial outside the State could even be construed as a ploy to delay or sidetrack the trial.

“We do not want the trial to stop... We know there are factions which want the trial to stop,” the CJI observed.

The CJI said there were instances in the past, for example in Manipur, when the top court had shifted trials out of the particular State in question. “But that is not required here,” the CJI said.

Speedy trial

Senior advocate Kapil Sibal, for West Bengal, said the State too wanted a speedy trial.

“We want the case and trial to reach its logical conclusion early,” Sibal submitted.

To submissions that there were more evidence to unearth and the conspiracy ran deeper than what was on the surface, Chief Justice Chandrachud said the Sessions Judge was a senior judicial officer who had the power to alter the charges.

The CJI said the Central agency had also made a point to clarify that the investigation was a “continuing” one.

“If there is more evidence, the CBI would file a supplementary chargesheet. The Supreme Court does not want to go into all that. The Sessions Judge would consider those aspects,” the CJI said.

The court conveyed that the CBI report has informed that the agency was conducting extensive investigation into allegations of financial irregularities in the case.

Meanwhile, the Union government handed over a report prepared by the National Task Force (NTF), constituted in August, suggesting measures to protect medical professionals in government service from violence and sexual harassment at workplaces.

The court ordered the Centre to share the report with the various doctors’ associations in court and with other stakeholders. The Bench said the doctors associations could suggest mechanisms to monitor the implementation of the NTF report.

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The apex court had said the ‘horrific’ RG Kar case was the final straw. “The nation cannot wait for another rape and murder in order to bring in safety laws for medical professionals and doctors... The safety of doctors who don the role of health providers is a matter of national concern,” Chief Justice Chandrachud had stressed.

The NTF was asked to come out with recommendations for ensuring security within hospital premises; infrastructure developments for doctors/medical professionals, including separate restrooms; technological interventions to limit access to critical areas in hospitals; CCTV cameras; provision of night transport; counselling services; conduct of crisis workshops; quarterly audits on safety norms, enhanced police presence in hospitals according to the footfall.

NTF members

Surgeon Vice Admiral Arti Sarin, Director General Medical Services (Navy); Dr D Nageshwar Reddy, Chairman and Managing Director, Asian Institute of Gastroenterology & AIG Hospitals, Hyderabad; Dr M Srinivas, Director, All India Institute of Medical Sciences( AIIMS), Delhi; Dr Pratima Murthy, Director, NIMHANS, Bengaluru; Dr Goverdhen Dutt Puri, Executive Director, AIIMS Jodhpur; Dr Saumitra Rawat, Chairperson, Institute of Surgical Gastroenterology & Member Board of Management, Gangaram Hospital, Delhi; Prof Anita Saxena, Vice Chancellor, Pandit DD Sharma Medical University, Rohtak; Dr Pallavi Saple, Dean Grant Medical College Mumbai & Sir JJ Group of Hospitals, Mumbai; and Dr Padma Srivastav, former professor, Neurology Dept, AIIMS Delhi and currently serving as Chairperson of Neurology, Paras Health have been appointed as members of the NTF. The Cabinet Secretary, Union Home and Family Welfare Secretaries would function as its ex-officio members.