'Absolute Failure Of State Machinery': Calcutta High Court Slams West Bengal Government Over Violence At R G Kar Hospital

The Calcutta High Court on Friday (16 August) strongly criticised the West Bengal government for the vandalism at Kolkata's R G Kar Hospital late Wednesday and early Thursday, describing it as an "absolute failure of state machinery."

A violent mob on early Thursday caused significant damages to sections of the hospital, where an on-duty woman doctor was raped and murdered on 9 August which triggered protests nationwide.

The state government informed the court that a mob of around 7,000 people had rapidly assembled at the hospital.

"... There was a mob of around 7,000. The number suddenly swelled... I have videos. They broke barricades... tear gas was fired and 15 police personnel were injured. Deputy Commissioner was injured. Police vehicles damaged. Emergency room ransacked (but) place of occurrence (the crime scene) was protected," the state's counsel said, NDTV reported.

The Court, however, grilled the State on how it did not take steps to prevent such violence near the crime scene.

A bench led by Chief Justice T S Sivagnanam demanded to know why permission was granted for public protests on so volatile an issue.

"Normally police has an intelligence wing... similar things happened on Hanuman Jayanti. If 7,000 are to gather, it hard to believe police did not know," the Court said.

The state responded that no official permission had been given for the protest. However, the High Court persisted, noting that Section 144, which restricts large gatherings in certain areas, was in effect at the time.

"Police usually have intelligence on these matters.. If 7,000 people gathered, it was hard to believe that state police did not know. ... For all and sundry, you pass 144 (CrPC) order. When so much commotion is going on, doctors on strike, you should have cordoned off entire area. If suppose 7000 people have to come, they cant come walking ... Absolute failure of state machinery. A sorry state of affairs, how do you think the doctors would be able to work fearlessly?" Chief Justice Sivagnanam asked, Bar and Bench reported.

The Bench also asked the State to submit a reply to allegations that the renovation work was carried out to "wipe out" evidence from the crime scene.

The allegation was strongly denied by the State counsel today who said,

"All these allegations that PO (place of occurrence) has been demolished, destroyed, nothing is correct. The demolition work that happened was not near the PO," the state counsel said.

The State counsel maintained that the crime scene remains will be secured.

The Court proceeded to suggest that the State file an affidavit with photographs to show that the crime scene is still intact.

"We take your word, let this be on record. Let affidavit be filed. You can substantiate with photographs. We will hear with an open mind," Chief Justice Sivagnanam said.

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