RG Kar Hospital case Supreme Court order and directions dated 30-09-2024 in Suo Motu Writ No. 2 of 2024.
Order dated 30th September 2024
Cause title : ALLEGED RAPE AND MURDER INCIDENT OF A TRAINEE DOCTOR IN R.G. KAR MEDICAL COLLEGE AND HOSPITAL, KOLKATA AND RELATED ISSUES
Case No: SMW No(s). 2/2024
AND
Cause title : GOVIND JEE VS UNION OF INDIA AND ORS
Case No: W.P.(Crl.) No. 351/2024 (PIL-W)
A Bench of Supreme Court Chief Justice, Hon'ble Justice Mr. Justice J.B. Pardiwala and Hon'ble Mr. Justice Mr. Justice Manoj Misra heard the matters on 30th September 2024. A fourth status report by CBI has been submitted to the Court. As per the report CBI is conducting investigation on two facets.
(i) The alleged rape and murder which took place on 9 August 2024 at RG Kar Medical College and Hospital; and
(ii) The allegations in regard to financial irregularities which were also entrusted for investigation by the CBI by the orders of a Division Bench of the Calcutta High Court.
It was informed to the court that the parents of the deceased have been disconcerted by repeated clips in the social media containing her photographs and name. Besides these clips, videos have also proliferated in the social media. The court passed the following directions that:
"2 The earlier order of this Court shall, it is clarified, not be confined only to Wikipedia but shall apply to all intermediaries. To reiterate, no intermediary shall allow or carry the publication of the name of the deceased, her identity, photographs or videos, either pertaining to the incident at the RG Kar Medical College or otherwise.
3 On the request of the Court, the Solicitor General has stated that
the Ministry of Electronics and Information Technology (MEITY) shall
nominate a nodal officer to whom any communication in relation to
the unauthorised uploading of content or information pertaining to
the deceased can be intimated so that necessary action can be taken
with the intermediary concerned for pulling down such publication or
dissemination."
The counsel appearing on behalf of the resident doctors as well as their associations have drawn attention to the fact that several persons against whom there are serious allegations of misdemeanour in the Medical College and Hospital are still occupying positions of authority. The status report which has been submitted by the CBI indicates that several of these aspects are still under investigation. After hearing the matter the Hon'ble Supreme Court passed the following order directions:
1 The parents of the deceased have been disconcerted by repeated
clips in the social media containing her photographs and name.
Besides these clips, videos have also proliferated in the social
media.
2 The earlier order of this Court shall, it is clarified, not be
confined only to Wikipedia but shall apply to all intermediaries. To
reiterate, no intermediary shall allow or carry the publication of
the name of the deceased, her identity, photographs or videos,
either pertaining to the incident at the RG Kar Medical College or
otherwise.
3 On the request of the Court, the Solicitor General has stated that
the Ministry of Electronics and Information Technology (MEITY) shall
nominate a nodal officer to whom any communication in relation to
the unauthorised uploading of content or information pertaining to
the deceased can be intimated so that necessary action can be taken
with the intermediary concerned for pulling down such publication or
dissemination.
4 A fourth status report dated 13 September 2024 by the DIG/Head of
Branch Special Crime-I, Central Bureau of Investigation (CBI) has
been submitted to the Court. The status report indicates several
leads in the investigation which are being followed up by the CBI
and the steps which have been taken in the course of investigation.
5 At this stage, when the investigation is in progress, it would not
be appropriate to set down the details of the investigation or the
leads which are being followed by the CBI since that would
compromise the status and effectiveness of the investigation.
6 The CBI, as it appears before the Court, is conducting an
investigation on two facets :
(i) The alleged rape and murder which took place on 9 August 2024 at
RG Kar Medical College and Hospital; and
(ii) The allegations in regard to financial irregularities which
were also entrusted for investigation by the CBI by the orders of a
Division Bench of the Calcutta High Court.
7 Whether each of the above are disconnected features or whether
there is a relationship between the two, will be investigated by the
CBI.
8 During the course of the hearing, learned counsel appearing on
behalf of the resident doctors as well as their associations have
drawn attention to the fact that several persons against whom there
are serious allegations of
misdemeanour in the Medical College and Hospital are still occupying
positions of authority. The status report which has been submitted
by the CBI indicates that several of these aspects are still under
investigation.
9 The submission of the doctors to the effect that persons in
positions of responsibility in Medical College and Hospital should
either be suspended or be directed to proceed on leave should be
examined by the State Government as the appointing and disciplinary
authority.
10 Mr Rakesh Dwivedi, senior counsel appearing for the State of West
Bengal, has submitted that if the CBI shares with the State
Government such preliminary material which would indicate the
complicity of any person in position of authority in threatening or
harassing the junior or senior resident doctors or nurses, the State
Government will duly take necessary action in accordance with law
consistent with the Service Rules and Regulations.
11 The investigating team of the CBI shall also scrutinise whether
the irregularities which are noticed in the context of the RG Kar
Medical College and Hospital cover not just that Hospital and
Medical College in question, but extends to other such institutions
within or outside the State. Thereafter the Court may take a call on
what further directions to the CBI would be required to ensure that
the investigation covers other aspects which may travel beyond the
incidents which have taken place at the RG Kar Medical College and
Hospital.
12 The fresh application, being IA No 213387 of 2024, which has been
filed in that regard is taken on the file. Details of the IA may be
shared with the Investigating Officer of the CBI."
Download order dated 30th September 2024 in ALLEGED RAPE AND MURDER
INCIDENT OF A TRAINEE DOCTOR IN R.G. KAR MEDICAL COLLEGE AND
HOSPITAL, KOLKATA AND RELATED ISSUES, Case No: SMW No(s). 2/2024
and GOVIND JEE VS UNION OF INDIA AND ORS, Case No: W.P.(Crl.) No.
351/2024 (PIL-W).