NEW DELHI: Suspecting a cover-up attempt after discovery of the body of the raped and murdered doctor at Kolkata’s RG Kar Hospital and Medical College, Supreme Court Monday asked Bengal govt how a “vital document” referring the body for postmortem examination could be missing from the files and how a doctor could carry out the procedure without that document.
This aspect, which had escaped the notice of CBI, Bengal govt and the court, was raised by a counsel who said Kolkata Police could not have sent the body for autopsy without filling mandatory details about the body and clothes to the doctor, who would proceed only after receiving this document.
A bench of CJI D Y Chandrachud and Justices J B Pardiwala and Manoj Misra immediately acknowledged the cruciality of this document in the chain of events.
Just 27 mins of RG Kar CCTV data given to us, CBI tells SC
Solicitor general Tushar Mehta, appearing for CBI in SC in RG Kar rape-murder, said Kolkata Police had not handed over to the central agency the report of the cops detailing the state of the victim’s body and clothes as found in the crime scene.
Senior advocate Kapil Sibal and advocate Astha Sharma, for West Bengal, conceded that files of Kolkata Police brought by their officers did not contain this document. “The chief judicial magistrate filled the form himself and gave it to the doctor,” Sibal said.
The CJI asked, “How can a postmortem be carried out without this document?” Justice Pardiwala said, “The constable who takes the body for postmortem is bound to carry this document. It has been struck blank. You need to explain. If this document is found missing, then something is vitally wrong.”
He said, “This document is crucial (to investigation) and of vital importance as it would have recorded the clothes and garments worn by the victim at the time of crime with which the body was sent for postmortem. It is impossible for the doctor, who conducts postmortem, to accept the body without this document.” Sibal said the state will file an affidavit giving details on this.
The counsel, who first drew the court’s attention to this missing document, informed the bench that this paper was part of the CD that was handed over to the HC. The SG said the possibility of some documents being generated subsequently could not be ruled out.
The CJI also asked whether CBI had been handed over the entire CCTV footage, starting from the time the victim entered the seminar hall for rest, and containing entry and exit of the accused from the crime scene and discovery of the body? The SG said, “What is shared with CBI is four video clips of CCTV footage totalling just 27 minutes between 5.06pm to 10.45pm.”
Senior advocate Geeta Luthra alleged vandals who went on a rampage inside RG Kar hospital disturbed the crime scene. Another counsel said the wash basin and tiles on the walls of the toilet next to the crime scene had been completely replaced, obliterating every possible evidence that could have been picked by forensic experts.
Senior advocate Mahesh Jethmalani said despite lapse of time, there was no clarity on how the crime happened and the site of the crime.
The CJI-led bench said, “There is some clarity about when the body was discovered and there is some clarity about movement around the room where the woman doctor was resting in the night.” Jethmalani said the person who discovered the body should have registered the FIR, but the delay started from there.
The court raised questions about timing of registration of ‘unnatural death report’ and other documents relating to the crime and asked CBI to investigate these. “But one thing is loud and clear, there has been at least a 14-hour delay in registration of FIR, which was done at 11.30pm after the body was cremated,” the bench said.
The SG drew the court’s attention to the report of forensic science laboratory Kolkata on the incident and said, “There is something serious. CBI has taken a decision to send the samples for fresh forensic examination by AIIMS and FSLs in other states. Who took the samples is important. In a rape-murder case, the first five hours of the crime scene.”
After perusing CBI probe status report, the CJI-led bench said, “CBI appears to have certain leads. We have understood the line of investigation but do not want to discuss it in open court. CBI should file a fresh status report by Sep 16 indicating progress achieved on those leads.” It posted further hearing on Sep 17.
This aspect, which had escaped the notice of CBI, Bengal govt and the court, was raised by a counsel who said Kolkata Police could not have sent the body for autopsy without filling mandatory details about the body and clothes to the doctor, who would proceed only after receiving this document.
A bench of CJI D Y Chandrachud and Justices J B Pardiwala and Manoj Misra immediately acknowledged the cruciality of this document in the chain of events.
Just 27 mins of RG Kar CCTV data given to us, CBI tells SC
Solicitor general Tushar Mehta, appearing for CBI in SC in RG Kar rape-murder, said Kolkata Police had not handed over to the central agency the report of the cops detailing the state of the victim’s body and clothes as found in the crime scene.
Senior advocate Kapil Sibal and advocate Astha Sharma, for West Bengal, conceded that files of Kolkata Police brought by their officers did not contain this document. “The chief judicial magistrate filled the form himself and gave it to the doctor,” Sibal said.
The CJI asked, “How can a postmortem be carried out without this document?” Justice Pardiwala said, “The constable who takes the body for postmortem is bound to carry this document. It has been struck blank. You need to explain. If this document is found missing, then something is vitally wrong.”
He said, “This document is crucial (to investigation) and of vital importance as it would have recorded the clothes and garments worn by the victim at the time of crime with which the body was sent for postmortem. It is impossible for the doctor, who conducts postmortem, to accept the body without this document.” Sibal said the state will file an affidavit giving details on this.
The counsel, who first drew the court’s attention to this missing document, informed the bench that this paper was part of the CD that was handed over to the HC. The SG said the possibility of some documents being generated subsequently could not be ruled out.
The CJI also asked whether CBI had been handed over the entire CCTV footage, starting from the time the victim entered the seminar hall for rest, and containing entry and exit of the accused from the crime scene and discovery of the body? The SG said, “What is shared with CBI is four video clips of CCTV footage totalling just 27 minutes between 5.06pm to 10.45pm.”
Senior advocate Geeta Luthra alleged vandals who went on a rampage inside RG Kar hospital disturbed the crime scene. Another counsel said the wash basin and tiles on the walls of the toilet next to the crime scene had been completely replaced, obliterating every possible evidence that could have been picked by forensic experts.
Senior advocate Mahesh Jethmalani said despite lapse of time, there was no clarity on how the crime happened and the site of the crime.
The CJI-led bench said, “There is some clarity about when the body was discovered and there is some clarity about movement around the room where the woman doctor was resting in the night.” Jethmalani said the person who discovered the body should have registered the FIR, but the delay started from there.
The court raised questions about timing of registration of ‘unnatural death report’ and other documents relating to the crime and asked CBI to investigate these. “But one thing is loud and clear, there has been at least a 14-hour delay in registration of FIR, which was done at 11.30pm after the body was cremated,” the bench said.
The SG drew the court’s attention to the report of forensic science laboratory Kolkata on the incident and said, “There is something serious. CBI has taken a decision to send the samples for fresh forensic examination by AIIMS and FSLs in other states. Who took the samples is important. In a rape-murder case, the first five hours of the crime scene.”
After perusing CBI probe status report, the CJI-led bench said, “CBI appears to have certain leads. We have understood the line of investigation but do not want to discuss it in open court. CBI should file a fresh status report by Sep 16 indicating progress achieved on those leads.” It posted further hearing on Sep 17.
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