'You Are Protecting Principal': Calcutta HC Rebukes West Bengal Government For Lapses In Kolkata Rape And Murder Case

The Calcutta High Court on Tuesday (13 August) went through many petitions concerning the horrific rape and murder of a second year post graduate student at the RG Kar Medical College and Hospital campus in Kolkata.

A division bench of Chief Justice T S Sivagnanam and Justice Hiranmay Bhattacharya critically interrogated and admonished the West Bengal government in view of allegations of multiple lapses and discrepancies in the police investigation.

Here are some major issues addressed and flagged by the court:

1. Allegations of police initially registering the victim's death as a suicide

The bench noted, "If it is a fact that somebody called the parent and told them that it was sickness and then suicide, there is a miss somewhere. If this is true that they were made to wait and mislead then the administration is loitering with them."

The bench further rebuked, "You cannot treat the deceased like this. There should be more sensitivity. Suppose the doctors are made parties and they claim that the principal blamed the deceased and said she had psychosis, it is very serious. By now a statement should have been recorded from the principal."

2. Principal of the medical college who had resigned from his post citing 'moral responsibility' was quickly given new appointment

The bench observed, "If the principal has stepped down owing moral responsibility, rather serious that he is rewarded within 12 hours with another appointment. There is an apprehension that with lost time there is something that will go wrong. No man is above law, how did he step down and then be rewarded with another responsibility?"

The bench continued, "The principal is the guardian of all doctors working there, if he doesn't show any empathy who will show? He should be at home not working anywhere. So powerful that a government counsel is representing him? The principal will not function. Let him go on long leave. Otherwise, we will pass an order."

3. State's submission that there was no scope for any further probe

The bench took exception to state's submission and administered a stringent rebuke by noting, "We can't understand. You didn't find the body on the road? The principal could have been the complainant. So you will reward him?! (for not filing a complaint) That's enough. We have heard. You are protecting him. This is unacceptable. Suppose you find a body on the road- even then - every day the newspapers have request for information. This is inhuman."

In view of the many lapses in police investigation and apprehension of attempt to cover up, the court has listed the case for next hearing at 2.45 pm to consider the petitioners' plea for a probe by Central Bureau of Investigation.