Kolkata rape-murder case: Supreme Court flags ‘14 hour delay’ in filing FIR

The Supreme Court today (22 August) questioned the West Bengal government about the "14-hour delay" in filing the First Information Report (FIR) related to the rape and murder of a 31-year-old trainee doctor at RG Kar Medical College and Hospital.

During the hearing, the bench, led by Chief Justice of India (CJI) DY Chandrachud, also raised concerns about the former principal of the medical college, asking, "Who was in touch with the principal of RG Kar Medical College? Why did he delay the FIR? What was the purpose?"

Here is what the bench heard about the timings

Representing the Central Bureau of Investigation (CBI) in court, Solicitor General Tushar Mehta claimed that senior doctors at the Kolkata hospital, along with the victim's colleagues, requested a videograph, indicating that they, too, suspected a "cover-up."

"The (victim's) father insists on registering an FIR. The hospital does not register the FIR. The father insisted and got the FIR registered. The FIR is lodged after the cremation. This is an attempt to cover up. We entered the probe on day five, everything was altered by then," Mehta said.

The Supreme Court questioned the sequence and timing of the police's legal formalities, saying that the post-mortem was conducted between "6:10pm and 7:10pm on 9 August," even before the case of unnatural death was officially registered.

"How was it that the post-mortem was conducted at 6:10pm on 9 August, and yet the unnatural death information was sent to the Tala police station at 11:30pm on 9 August? This is extremely disturbing," the bench, also comprising Justices J B Pardiwala and Manoj Misra, said.

The court directed the Kolkata Police officer who made the initial entry about the incident to appear at the next hearing and reveal the exact time of the entry.

Solicitor General Mehta informed the court that the most disturbing aspect is that the FIR was registered at 11:45pm, after the post-graduate medical student had already been cremated.

SC directs centre to ensure safety of doctors

The bench said peaceful protests regarding the Kolkata incident "must not be disrupted by the West Bengal government." However, the court clarified that it has not prohibited the state government from exercising its lawful powers.

"When we say peaceful protesters will not be disturbed, we also mean proper protocol will be followed," the top court said.

The court further ruled that no coercive action should be taken against doctors for protesting.

Additionally, the court urged all parties involved in the case not to politicize the issue, stating that the law will take its course. This came after Mehta highlighted an objectionable statement made by a West Bengal minister.

The bench directed the Union Health Ministry Secretary to establish a portal where stakeholders can submit suggestions to the National Task Force (NTF) on doctor safety.

As the hearing began, the Supreme Court urged the protesting doctors to return to work, assuring them that no adverse action would be taken once they resumed their duties. After this, AIIMS doctors appreciated the Supreme Court's intervention. They announced the end of their 11-day strike, which had started in response to the rape and murder incident at a government hospital in Kolkata.