India
SC: How was RG Kar doctor’s autopsy done without mandatory document? | India News – Times of India
NEW DELHI: Suspicion of a cover-up after the body of the raped and murdered doctor was discovered in Kolkata’s RG Kar Hospital and Medical FacultyThe Supreme Court on Monday asked the Bengal government how it was possible that an “important document” referring the body for autopsy was missing from the records and how a doctor could perform the procedure without it.
This aspect, which had escaped the notice of the CBI, the Bengal government and the court, was raised by a lawyer who said that the Kolkata police could not have sent the body for autopsy without providing mandatory details of the body and clothes to the doctor, who would proceed only after receiving this document.
A bench comprising CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra immediately recognised the crucial role of this document in the sequence of events.
Only 27 minutes of RG Kar CCTV data provided to us, CBI tells SC
Attorney General Tushar Mehta, appearing for the CBI in the SC in the RG Kar rape-murder case, said the Kolkata Police had not handed over to the central agency the police report detailing the condition of the victim’s body and clothes at the crime scene.
Senior advocate Kapil Sibal and advocate Astha Sharma, for West Bengal, admitted that Kolkata police files brought by their officers did not contain this document. “The chief judicial magistrate filled the form himself and gave it to the doctor,” Sibal said.
The CJI asked, “How can an autopsy be conducted without this document?” Justice Pardiwala said, “The officer who takes the body for autopsy must have this document with him. It is blank. You have to explain. If this document is missing, something is seriously wrong.”
He said: “This document is crucial (for the investigation) and vital as it would have recorded the clothes and robes worn by the victim at the time of the crime, with which the body was sent for autopsy. It is impossible for the doctor conducting the autopsy to accept the body without this document.” Sibal said the state will file an affidavit with details in this regard.
The lawyer, who first drew the attention of the court to this missing document, informed the court that this paper was part of the CD handed over to the HC. The SG said that the possibility that some documents would be generated later could not be ruled out.
The CJI also asked whether CBI had been provided with the entire CCTV footage, starting from the time the victim entered the seminar hall to rest, and including the entry and exit of the accused from the crime scene and the discovery of the body? The SG said, “What is being shared with CBI are four video clips of CCTV footage totalling only 27 minutes between 5.06 pm and 10.45 pm.”
Senior advocate Geeta Luthra alleged that vandals who went on a rampage at the RG Kar Hospital disturbed the crime scene. Another advocate said that the washbasin and tiles on the walls of the toilet next to the crime scene had been completely replaced, obliterating any possible evidence that could have been collected by forensic experts.
Advocate Mahesh Jethmalani said despite the passage of time, there is still no clarity on how the crime took place and where it took place.
The CJI-led bench said, “There is some clarity about the time when the body was discovered and there is some clarity about the movements in the room where the lady doctor was resting at night.” Jethmalani said the person who discovered the body should have registered the FIR, but the delay started from that point onwards.
The court raised questions about the timing of registration of ‘unnatural death report’ and other documents related to the crime and asked the CBI to examine them. “But one thing is loud and clear, there was at least 14 hours delay in registration of FIR, which was done at 11.30 pm after the body was cremated,” the court said.
Drawing the court’s attention to the Kolkata forensic lab report on the incident, the SG said, “There is something serious. CBI has decided to send the samples for fresh forensic examination by AIIMS and FSLs in other states. Who took the samples is important. In a rape-murder case, the first five hours of the crime scene.”
After perusing the CBI’s investigation status report, the CJI-led bench said, “CBI appears to have certain leads. We have understood the line of investigation but do not wish to discuss it in the open court. CBI should file a fresh status report by September 16 indicating the progress of those leads.” It posted a fresh hearing date of September 17.
This aspect, which had escaped the notice of the CBI, the Bengal government and the court, was raised by a lawyer who said that the Kolkata police could not have sent the body for autopsy without providing mandatory details of the body and clothes to the doctor, who would proceed only after receiving this document.
A bench comprising CJI DY Chandrachud and Justices JB Pardiwala and Manoj Misra immediately recognised the crucial role of this document in the sequence of events.
Only 27 minutes of RG Kar CCTV data provided to us, CBI tells SC
Attorney General Tushar Mehta, appearing for the CBI in the SC in the RG Kar rape-murder case, said the Kolkata Police had not handed over to the central agency the police report detailing the condition of the victim’s body and clothes at the crime scene.
Senior advocate Kapil Sibal and advocate Astha Sharma, for West Bengal, admitted that Kolkata police files brought by their officers did not contain this document. “The chief judicial magistrate filled the form himself and gave it to the doctor,” Sibal said.
The CJI asked, “How can an autopsy be conducted without this document?” Justice Pardiwala said, “The officer who takes the body for autopsy must have this document with him. It is blank. You have to explain. If this document is missing, something is seriously wrong.”
He said: “This document is crucial (for the investigation) and vital as it would have recorded the clothes and robes worn by the victim at the time of the crime, with which the body was sent for autopsy. It is impossible for the doctor conducting the autopsy to accept the body without this document.” Sibal said the state will file an affidavit with details in this regard.
The lawyer, who first drew the attention of the court to this missing document, informed the court that this paper was part of the CD handed over to the HC. The SG said that the possibility that some documents would be generated later could not be ruled out.
The CJI also asked whether CBI had been provided with the entire CCTV footage, starting from the time the victim entered the seminar hall to rest, and including the entry and exit of the accused from the crime scene and the discovery of the body? The SG said, “What is being shared with CBI are four video clips of CCTV footage totalling only 27 minutes between 5.06 pm and 10.45 pm.”
Senior advocate Geeta Luthra alleged that vandals who went on a rampage at the RG Kar Hospital disturbed the crime scene. Another advocate said that the washbasin and tiles on the walls of the toilet next to the crime scene had been completely replaced, obliterating any possible evidence that could have been collected by forensic experts.
Advocate Mahesh Jethmalani said despite the passage of time, there is still no clarity on how the crime took place and where it took place.
The CJI-led bench said, “There is some clarity about the time when the body was discovered and there is some clarity about the movements in the room where the lady doctor was resting at night.” Jethmalani said the person who discovered the body should have registered the FIR, but the delay started from that point onwards.
The court raised questions about the timing of registration of ‘unnatural death report’ and other documents related to the crime and asked the CBI to examine them. “But one thing is loud and clear, there was at least 14 hours delay in registration of FIR, which was done at 11.30 pm after the body was cremated,” the court said.
Drawing the court’s attention to the Kolkata forensic lab report on the incident, the SG said, “There is something serious. CBI has decided to send the samples for fresh forensic examination by AIIMS and FSLs in other states. Who took the samples is important. In a rape-murder case, the first five hours of the crime scene.”
After perusing the CBI’s investigation status report, the CJI-led bench said, “CBI appears to have certain leads. We have understood the line of investigation but do not wish to discuss it in the open court. CBI should file a fresh status report by September 16 indicating the progress of those leads.” It posted a fresh hearing date of September 17.
