The
Supreme Court on Monday voiced concern over the absence of a key document that
was needed for the postmortem of the medic raped and murdered at the RG Kar
Medical College in Kolkata, and asked the CBI to investigate into it.
The
top court also directed the protesting resident doctors in West Bengal to
resume work by 5 pm on Tuesday and said no adverse action shall be taken
against them on resumption of work.
The court passed the direction after the West Bengal
government assured it that no action, including punitive transfers, shall be
taken against the protesting doctors on resumption of work.
A
bench headed by Chief Justice D Y Chandrachud said there was no reference of
the 'challan' (document) used, and sought an answer from the CBI and the West
Bengal government.
"Where
is the challan of the body when it was handed over for postmortem? the bench
also comprising Justices J B Pardiwala and Manoj Misra said.
Solicitor
General Tushar Mehta, appearing for the CBI, informed the bench that the challan
was not part of their records
Senior
advocate Kapil Sibal, appearing for the West Bengal government, told the bench
that he could not find the document immediately and would get back to the court
on this question.
The court also flagged the at least a 14-hour delay
by Kolkata Police in registering FIR in rape and murder incident.
The
top court directed the CBI to submit a fresh report by September 17 on the
probe in the case.
The
apex court also directed immediate removal of photographs of the victim from
all social media platforms to protect the dignity and privacy of the deceased.
On
the issue of security of medical institutions in the state, the Supreme Court
said "All DMs, SPs in West Bengal to take stock of situation to ensure
safety, security of government medical colleges".
Earlier
in the day, the court perused the report filed in a sealed cover by the
Solicitor General.
"A
status report has been filed by CBI, it appears that investigation is in
progress, we direct the CBI to file fresh status report...We don't want to
guide the CBI on its investigation," the bench said.
Mehta
told the bench that the probe agency has decided to send forensic samples to
AIIMS for further investigation.
The
apex court also directed a senior officer of the West Bengal government's Home
department and a senior CISF officer to ensure all three companies of the CISF,
which are deputed for security at the RG Kar Hospital, are given accommodation.
It
also directed that all requisition, security gadgets needed by the CISF should
be handed over to it today.
The
matter is posted for next hearing on September 17.
At
the outset, the West Bengal government told the top court that 23 people have
died as doctors are on strike protesting the rape and murder of the
postgraduate medic.
Sibal
submitted a status report filed by the state health department.
"A
status report has been filed. The state health department has filed a report.
Tweny-three people have died as doctors are on strike," Sibal told the
bench.
On
August 22, the apex court had tore into the Kolkata Police over the delay in
registering the unnatural death of the woman doctor, calling it "extremely
disturbing", and questioned the sequence of events and the timing of its
procedural formalities
The
top court had earlier constituted a 10-member National Task Force (NTF) to
formulate a protocol for ensuring the safety and security of doctors and other
health care professionals.
Terming
the incident as "horrific", the apex court had excoriated the state
government over the delay in filing the FIR and allowing thousands of people to
vandalise the state-run facility.
The
alleged rape and murder of the junior doctor in a seminar hall of the state-run
hospital has sparked nationwide protests.
The
medic's body with severe injury marks was found inside the seminar hall of the
hospital's chest department on August 9. A civic volunteer was arrested by the
Kolkata Police in connection with the case the following day.
On August 13, the Calcutta High Court ordered the
transfer of the probe from the Kolkata Police to the CBI, which started its
investigation on August 14.