New Delhi, Sep 9: The Supreme Court on Monday voiced concern over the absence of the “challan”, a key document forwarding the body of the junior doctor who was raped and murdered at R G Kar Medical College and Hospital in Kolkata for postmortem, from the records presented before it and sought a report from the West Bengal government.
Amid continued protests by resident doctors who have stopped work following the rape and murder incident, the top court directed them to resume their duties by 5 p.m. on Tuesday to avoid adverse action by the state government which claimed their strike has led to 23 deaths.
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 if they resume work.
A bench headed by Chief Justice D Y Chandrachud said there was no reference to the ‘challan’ issued before the postmortem and sought answers from the Central Bureau of Investigation (CBI), which is probing the incident that shook the nation’s conscience and triggered massive protests in West Bengal and elsewhere, and the state government.
The bench said the document was “important” because it has a column showing what clothes and articles were sent along with the body for autopsy.
“Where is the challan of the body when it was handed over for postmortem?…The court has been apprised about a challan used when a dead body is sent for the post-mortem. The Solicitor General states that above challan is not part of the file given to CBI for investigation.
“Faced with above, it has been urged by the counsel for petitioners appearing before the Calcutta High Court that the form was produced before Calcutta HC. Form is unavailable with the West Bengal government. A copy of the form should be produced on the next date of hearing,” 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 a 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 14-hour delay by Kolkata Police in registering an FIR following the rape and murder incident.
CBI raises doubts over forensic report of medic, says will re-examine
The CBI on Monday raised doubts over the forensic report of the postgraduate medic who was raped and murdered at RG Kar Medical College and Hospital in Kolkata, and said it has decided to send samples to AIIMS for further investigation.
Solicitor General Tushar Mehta, appearing for the CBI, informed a bench headed by Chief Justice D Y Chandrachud that according to the medical report, the death was homicidal and there is evidence of forceful penetration and sexual assault.
“When the girl was found at 9.30 am, she was in a semi-nude condition. There were injury marks on the body. They have taken the samples and sent it to the CFSL (Central Forensic Science Laboratory) in West Bengal.
SC reprimands lawyer for raising voice
“Are you trying to address the gallery outside the court?” an annoyed Supreme Court bench asked a lawyer and reprimanded him for his aggressive tone while making submissions on the Kolkata rape and murder of a trainee doctor.
A bench headed by Chief Justice D Y Chandrachud took objection to the manner in which advocate Koustav Bagchi addressed the court.
“I have been noticing your demeanour for the last two hours. Don’t raise your voice, lower your pitch. You are addressing three judges of the Supreme Court and not the views of the YouTube who are watching the proceedings live,” Chief Justice Chandrachud told him sternly. (PTI)
