The Supreme Court is set to hear the suo motu case concerning the RG Kar Hospital rape-murder today at 10:30 AM.
Earlier, the Court had directed protesting doctors in West Bengal to return to their duties. The bench, headed by Chief Justice DY Chandrachud and including Justices JB Pardiwala and Manoj Misra, also requested an updated status report from the CBI. Additionally, the bench instructed the West Bengal police to submit a document related to the victim’s autopsy.
Live updates from today’s proceedings can be followed here.
17 Sept 2024 1:15 PM
The hearing concludes for the day.
Bench will reassemble at 2PM for regular work
17 Sept 2024 1:13 PM
(On the issue of the details for the challan for the handing over the dead body)
Sibal: that form 5371 has not been used since 1997, it was not shown to the HC, that’s a wrong statement ….we used a requisition as per the GOI standing operating procedures
CJI: we don’t buy the explanation, once there a statutory form….
Sibal : all the information is in the requisition.
17 Sept 2024 1:10 PM
A Counsel interjects
CJI: look Iam sorry, you please listen to me, otherwise I will have you removed from the court, we cannot ask the CM to resign that is not in our remit
17 Sept 2024 1:08 PM
(On the earlier direction of Court direction doctors to resume to work )
CJI: we are not modifying out last order , we have created the conditions for coming back to work, let them do what they have to do to implement the orders
17 Sept 2024 1:08 PM
CJI: Jaisingh has requested the court to record that no punitive action be taken for doctors to return to work…Mr Sibal for WB states that an assurance was held out for junior doctors, which is being reiterated in court that no punitive actions be taken against them for seizing the work
17 Sept 2024 1:05 PM
Sibal : the CM has given assurance what more to be done?
CJI says the following are already raised with the state agencies – (1) nature of commission of act; (2) was there serious of disruption of the evidence; (3) was there any coverups
17 Sept 2024 1:03 PM
Jaisingh: three statutorily bodies have to be responsibility to monitor what happens in the hospital, my pray A concerns with the working of those bodies….these persons are still there , still roaming around in the hospital, there is a Fear psychosis going
17 Sept 2024 1:03 PM
CJI: those responsible for the cover up of the incident….once CBI points out what emerges during investigation, we will have some directions to give the state
Jaisingh: its their belief (juniors) that those responsible for the disaster are still there, they (doctors) will be victimized
17 Sept 2024 1:00 PM
Jaisingh: one caveat, we plan to hold a general body today or tomorrow
CJI: in view of the meeting of 16 sept with CM, and the directions issued by court today, the junior doctors will have a meeting with the general body
17 Sept 2024 12:59 PM
CJI: Jaising appearing for Junior Doctors Front stated that with this confidence building work, the junior doctors will have no problem to resume work…we accept the assurance duly tendered by the counsel
17 Sept 2024 12:59 PM
CJI: we find merit in terms of prayers F-I and direct that govt to take steps if not already done …..the steps includes (1) formation of monitory committee in each hospital having admin, nurses, doctors etc; (2) formulation of confidential grievance addressal; (3) formation of internal complaint committee for sexual harassment; (4) setting up counselling centers to deal with the stress faced by doctors…we duly impress upon WB to take action if not already done
17 Sept 2024 12:56 PM
CJI: the affidavit has the following prayers – prayer D set out above is subject matter of CBI investigation. Prayer C- court is apprised that meeting took place on 16 September ….. Wrt Payer B, meeting happened with CM, copy is placed on record, live streaming was not insisted upon
17 Sept 2024 12:56 PM
CJI: these 4 areas, F-I this will ask govt to consider
Sibal : its there, govt looking into it
Jaisingh: don’t be in denial
Sibal : we are not in denial
17 Sept 2024 12:51 PM
CJI: ( reading from prayer) direct a making of monitoring committee to over see the security at each hospital; (h) committee to address harassment; (i) counselling centers
17 Sept 2024 12:49 PM
Jaising mentions of an intervention to be placed on record
17 Sept 2024 12:48 PM
Jaising: 40 doctors met the CM yesterday, I would like to put the settlement on record ….
17 Sept 2024 12:47 PM
CJI: we find justification raised….we are affirmatively of the view that conditions of women doctors not working at night will prejudice their careers
CJI; hours of duty should be reasonable for all doctors, it would be inappropriate to target women doctors as compared to their male counterparts….
Sibal: we are going to reword it, we will delete it but say that preferably they should not be extended till late night
17 Sept 2024 12:44 PM
CJI also mentions steps to be taken for biometric access
CJI: 1514 security personnel are proposed to be engaged by outsourcing agency for 1 year, serious reservations are expressed by counsel of senior and junior doctors, bearing in mind that the alleged crime is done by a civic volunteer who was hired on contract….apart from this a notification was issued by the state on women doctors to not work at night
17 Sept 2024 12:42 PM
CJI: in our view, the participatory process should be followed so that senior and junior doctors can also participate, We suggest Mr Sibal that (1) DM , (2) the principle of each medicla hospital, (3) the representative of of each senior doctor shall be consulted so that the toilets and CCTVs etc are installed with their inputs, this shall be completed within 2 weeks
17 Sept 2024 12:41 PM
CJI: sanction has been granted for toilet, resting rooms, additional CCTV cameras, besides budgetary provisions, work has commenced, the direction is to complete in 7-14 working days. Apart from 717 CCTV additional CCTV cameras will be installed
17 Sept 2024 12:40 PM
CJI: 17 govt hospitals in Kolkata are attached to medical colleges, while 87 medical hospitals besides the govt hospitals exist in the state
17 Sept 2024 12:38 PM
CJI: affidavit has been filed by health secretary explaining the steps taken to upgrading the duty rooms, toilet facilities, CCTV cameras in the govt medical colleges and hospitals across the state. The data shows there are 28 govt medical colleges in WB and 9 in Kolkata
17 Sept 2024 12:37 PM
CJI: we are dealing with young people of 18-23 years, they are concerned it can happen to anyone
17 Sept 2024 12:36 PM
CJI: in areas where women rest at night in RG Kar, why cannot they have biometric access? the women who goes to seminar hall to rest, she can have biometric access, tell us since the health secretary is here, what modalities are followed to ensure that security steps are taken
Sibal : DM, SPs are already doing it
17 Sept 2024 12:33 PM
CJI: in RG KAR you said 415 CCTV cameras will be installed, but only 37 have been installed
Sibal: they will complete the rest soon
17 Sept 2024 12:33 PM
CJI: in RG KAR you said 415 CCTV cameras will be installed, but only 37 have been installed
Sibal: they will complete the rest soon
17 Sept 2024 12:32 PM
Sibal: increased women security personnel is undergoing training
CJI: the devil lies in the fine print, when will they complete the training? second, the DM, district collectors must ensure that the CCTV is installed, then there must have an SOP, copies where the CCTV will be put, where the lady doctors will rest at night etc
17 Sept 2024 12:31 PM
CJI: we are in a situation where there is lack of security for medical doctors, the state should have atleast police in the govt hospitals …….we are dealing with young interns, students, they are staying our of home and coming to Kolkata to work, tell us what you are doing for them
17 Sept 2024 12:30 PM
CJI: there are 28 govt hospital, 17 associated with the govt hospitals…we are dealing with the govt hospitals, young doctors 18-23 years girls are here to work, we are dealing with them, having a contractual work force there, we will have a completely insecure source there
17 Sept 2024 12:28 PM
Sibal: all verifications are being done
CJI: the whole problem is when you entrust the security to contractual staff ….why is the govt is coming up with this? its not the question …
Sibal: some confidence must be there with the state
17 Sept 2024 12:28 PM
Sibal refers to the steps taken for RG Kar hospital in specific
CJI: what really happens in, the accused was drawn from the contractual work, these contractual people will be trained for 7 days and walking around all over the hospital ,how do you ensure the safety? the crime was done by a volunteer, the GR says that they will be appointed by outsourcing agencies ….are there any psychological assessments done for recruiting them?
17 Sept 2024 12:27 PM
Sibal says that work have begun for making resting rooms for male and female doctors , which will be completed in 7-14 days
Sibal also states that the additional toilets and CCTV cameras installation will be completed in 7-14 days
17 Sept 2024 12:20 PM
Sibal: we have taken steps, we will share the copies
Sibal refers to the “confidence building steps by the state”
17 Sept 2024 12:19 PM
Sibal: if the junior doctors don’t go back to the work, what is to be done?
CJI; after last order, we said that set up adequate security, now we want to know what steps you took on ground apart from budgetary allocation
17 Sept 2024 12:15 PM
Sibal refers to the State WB Settlement with the doctors
17 Sept 2024 12:14 PM
CJI says he will modify the Wikipedia order
Sibal : as far as item 5 and 6 of the notification is concerned that will be deleted.
17 Sept 2024 12:12 PM
Counsel: people are scarred, if they can give their complaints anonymously…(3) Wikipedia has two footnotes which refers to an external link which has picture of the girl
SG: even we want a platform where people can give complaints anonymously
17 Sept 2024 12:10 PM
CJI: WB should correct the notifcation, your duty is to provide security, you cannot say that women (doctors) cannot work at night! pilots, army etc all work at night
17 Sept 2024 12:09 PM
Counsel : I appear for doctors for patients (1) working hours for women should not be extended beyond 12 hours; (2) night duties not for women (referring to the State’s recent policy)
CJI: how can you say women cannot work at night? why limit the women doctors? they don’t want a concession…women are ready to work exactly the same time shift , Mr Sibal you have to look at it, the answer to it is that you must give security
17 Sept 2024 12:04 PM
Jaising : I agree with Nandy, but after the state submits on the settlement I have something to say ….1514 people, I request should be disbanded and replaced with the police of the state
17 Sept 2024 12:04 PM
CJI: (to SG) the CBI can give us the status report on both the incident and financial irregularities
Jaising refers to the settlement between the WB State and Doctors
17 Sept 2024 12:02 PM
Nandy: wrt other safety mechanisms, there are budgets…in terms of the safety , our senior doctors are there but we are being assaulted . …i have passed a standard SOP wrt PMR….On financial irregularity is intrinsically connected
CJI: that investigation started later, the CBI are looking into it
17 Sept 2024 12:00 PM
Nandy: now the accused was a civic volunteer ….
17 Sept 2024 11:59 AM
Nandy: now 1514 security personnel will be placed at the hospitals by a private company, that is one objection
17 Sept 2024 11:58 AM
Nandy : there is another call to institute a cadre – campanion at night
CJI; to maintain some sort of safety
17 Sept 2024 11:57 AM
CJI; so you are saying that filling up for the breaches caused by the junior doctors
Nandy: (2) we were somehow able to gleam one case,..the demonizing of the doctors has to stop
17 Sept 2024 11:56 AM
Karuna Nandy : (1) they have said WB medical system is collpasing because of the strike, they are saying that senior doctors are working overtime because juniors arent feeling safe
CJI: so everything is going on as normal?
Nandy: no mylord , the senior are filling up for juniors
17 Sept 2024 11:55 AM
CJI: the governing principle is that identity of the victim in rape and murder shall not be disclosed.
shall therefore comply with the previous order passed (regarding this)
17 Sept 2024 11:53 AM
CJI: during the course of hearing we are apprised the #Wikipedia has retained the name and copy of the …it is only an artistic graphic
SG: the girl had a specific hairstyle it is being depicted everywhere
17 Sept 2024 11:52 AM
CJI: having perused the letter of 12 Sept, at this stage it shows that many concerns of letter are subject to the investigation of the CBI
17 Sept 2024 11:51 AM
CJI: some of the concerns may be submitted to the CBI so that necessary steps are taken in the course of investigation
17 Sept 2024 11:51 AM
CJI: the SG has assured that CBI will maintain contact with the parents and inform about the investigation. Appearing for resident doctor- Jaising, submitted that definite material is with the doctors indicating the presence of persons at the scene of crime, the names will be handed over to the CBI, the copy may be shared with the SG who will in turn make it available to the IO
17 Sept 2024 11:49 AM
CJI: we have explained to all that bat stage it will not be fair to disclose the leads of CBI as this would only lead to dislocation of the investigation…the counsel have also agreed…a letter dated 12 Sept addressed by father of deceased has been shared, the letter expresses the genuine concerns of the parents, and gives inputs…bearing in mind the genuine concerns, we are of the opinion that the inputs be duly taken by the IO
17 Sept 2024 11:48 AM
CJI: a status report dated 17 sept is filed by Satyajit Singh (CBI), during the course of hearing, we have heard the counsel appearing on behalf of the parents of the deceased, the resident doctors, intervening association and petitioners before the HC
17 Sept 2024 11:46 AM
CJI: the list you have given us indicates several pendrives are given
Sibal : the 4 cameras in RG Kar are connected with all the cameras, it is stored in those cameras and handed over
17 Sept 2024 11:45 AM
SG: capacity of pendrive is not relevant, it may have 100 gb but only contain 27 mins
Sibal: you have the pensdrive for all these days you should have checked
17 Sept 2024 11:45 AM
CJI: how many exhibits were seized?
Sibal: ill just tell, pendrive, harddisk everything was given
17 Sept 2024 11:43 AM
Sibal : may I just hand over (list) of everything which is handed over (to CBI)
17 Sept 2024 11:42 AM
Sibal reads list of footage and pendrives handed over to CBI
CJI: you have identified the specific cameras…
Sibal: all cameras?
CJI: is it your statement that nothing is left to be given ?
Sibal: yes!
17 Sept 2024 11:42 AM
Sibal (reads) : 14 August
CJI: what you disclose, it shows footage of only 1 camera was handed over
Sibal : reading further
17 Sept 2024 11:42 AM
Counsel : spot mapp, requisition slip handed over with dead body
CJI: two things : (1) the list of search and seizure, (2) independently there is DVR of the footage, we want to know has the DVR been handed over? when was the DVR of the CCTV of hospital handed over we want to know
17 Sept 2024 11:38 AM
CJI: Sibal, what CBI is saying that what was given was only 27 mins…
Sibal: not true! not true! 7-8 hours
17 Sept 2024 11:38 AM
CJI: has it been handed over ? (the DVR)
Sibal: yes, we have a handing over taking over document signed by the CBI
17 Sept 2024 11:37 AM
CJI: calcutta police must also cooperate with the CBI
Sibal: 7-8 hrs footage is given
17 Sept 2024 11:37 AM
SG: when documents were given by calcutta police this was not given
CJI: we will record a short order, but we will not give the details….your letter which you have flagged will also be given to the CBI
17 Sept 2024 11:35 AM
Counsel: the place where camera was placed was not at the entrance room, there are also other cameras placed….(2) there is no dispute that there is no dead body challan
CJI: SG can you ensure that your counsel traces what happened before the HC (where the challan was shown)
17 Sept 2024 11:33 AM
CJI: (to SG) can you not ask the police to hand over the footage to you? have you used the blocker device or not? make sure that the CBI seizes the entire DVR and footage, we hope that the CBI does it
17 Sept 2024 11:31 AM
Counsel: why kolkatta police gave only 27 min of footage? why not full footage? the CBI has to seize the enitre footage
17 Sept 2024 11:31 AM
Counsel : there should be 2 seizure list…when I was harping that the jeans and undergarments were not taken ………the seizures have to take place ….what was the date these samples were sent for testing
CJI: what the CBI has revealed in report is worse , really disturbing, what you are flagging is of utmost concern, we ourselves are concerned , CBI has flagged it for us
17 Sept 2024 11:29 AM
Counsel: wikipedia was contacted and asked to removed it, it said we will not be censored!
SG: this is not censoring , its asking not to commit an offence
CJI: ok we will deal with that we will pass an order
17 Sept 2024 11:28 AM
SG: I accept the suggestion, they must be informed (parents), thats the minimum the investigation agency should do for the parents of the girl
SG: One concern, in #Wikipedia name and photo of girl is still there
CJI: we will pass an order, the name and photo cannot be there
17 Sept 2024 11:26 AM
CJI: there is genuine concern by father of deceased in regard to certain specific leads in investigation is obtained, we will not reveal his letter its confidential….we will say these are very valuable inputs for the CBI, they are handicapped themselves at this point in time by the 5 day delay, but they should also look at this to ensure this is obtained
17 Sept 2024 11:24 AM
CJI: There is still time to complete the investigation. We have to give CBI adequate time, they are not sleeping over. They are required to be given time to unearth the truth.
Jaising: there have been presence of the persons (at place of crime) , we are willing to submit the name of the persons to CBI in sealed cover, I’m not making public in court
17 Sept 2024 11:16 AM
Counsel: as per new act, it must be 90 days for rape and murder
CJI: making a disclosure today of what the CBI is investigating will jeopardise the process, the line which is taken by the CBI is to unearth the truth…SHO has been arrested himself….we have seen status report and CBI has responded all of the issues we have raised, include whether the challan was given, what was the process of PMR, whether evidence was destroyed, if any complicity by other person etc
17 Sept 2024 11:14 AM
CJI: 60 days expire from filing the charge sheet?
SG: it must be 60 or 90 days
J Pardiwala: 90 days?
17 Sept 2024 11:11 AM
Bench peruses the status report
17 Sept 2024 11:10 AM
CJI: is there threat to any of the women? woman or man appearing a matter ….alright we will take care of that
17 Sept 2024 11:07 AM
(Sibal was referring to the social media threats being given to lawyers representing state of WB)
17 Sept 2024 11:07 AM
Sibal: we are getting threats that acid will be thrown, we will be raped (women lawyers in the case)
17 Sept 2024 11:04 AM
Sibal: what happens when you livestream matters like this which has huge immotive implications…we are not representing the accused, we have 50 years of reputation!
CJI: its a matter of public interest , its open court
Sibal : its also about our reputation! where was I laughing? this is not fair! it spreads to the women in our chamber
17 Sept 2024 11:02 AM
CJI: lets have some order, before the arguments begin, no one should get up in the middle and shout just because it is being live streamed