In a scathing rebuke, the Supreme Court of India on Tuesday criticized the Kolkata Police and the West Bengal government for their handling of the horrific rape and murder case at SG Kar Hospital. The Court expressed grave concerns about the state’s failure to protect peaceful protesters and ensure law and order.
During the proceedings, Chief Justice D.Y. Chandrachud emphasized that the state government cannot suppress peaceful demonstrations and stressed that the West Bengal administration had not adequately addressed the serious issues arising from the incident. The Court has demanded a status report on the investigation from the Central Bureau of Investigation (CBI) and a detailed report from the West Bengal government on the chaos at the hospital.
Key Observations from the Supreme Court:
- State’s Handling of Protest and Investigation:
- The Supreme Court questioned how a mob of 7,000 could enter the RG Kar Hospital without the knowledge of Kolkata Police. Solicitor General Tushar Mehta remarked, “Let West Bengal not be in denial mode, complete failure of law and order in state.”
- The Court was deeply troubled by the delay in registering an FIR and the attempts to pass off the murder as a suicide. “Until late night there was no FIR… Did FIR say it was a murder?” Chief Justice Chandrachud asked.
- Safety and Security for Medical Personnel:
- The Court announced plans to establish a 10-member task force to formulate a national protocol for ensuring the safety and well-being of doctors, especially women and junior doctors. The Chief Justice underscored the need for a standardized national protocol to address the systemic issues of safety in hospitals.
- “Doctors should be provided an environment of security,” emphasized Chief Justice Chandrachud. “There is a virtual absence of safe conditions for doctors working in hospitals, particularly women and young doctors.”
- Handling of the Victim’s Identity and Media Coverage:
- The Supreme Court expressed concern over the publication of the victim’s name, photo, and video in the media, which violates privacy judgments. The Chief Justice highlighted that “the protocol cannot be on paper but is enforceable across India.”
- Future Measures:
- The Court directed that the security at RG Kar Hospital be handed over to the Central Industrial Security Force (CISF) due to the Bengal Police’s inability to manage the situation. “West Bengal Police should take seriously the questions being raised against it,” the Chief Justice stated.
The Supreme Court will continue to monitor the case, with the next hearing scheduled for August 22. The Court’s intervention underscores a critical need for improved safety standards and accountability in the handling of such cases, aiming to prevent future tragedies and ensure justice.
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