RG Kar Hospital Case: Supreme Court Order and Directions Dated 30 September 2024
| Suo motu matter | In Re: Alleged Rape and Murder Incident of a Trainee Doctor in R.G. Kar Medical College and Hospital, Kolkata and Related Issues |
|---|---|
| Case number | Suo Motu Writ Petition (Criminal) No. 2 of 2024 |
| Connected matter | Govind Jee v. Union of India & Ors., W.P. (Crl.) No. 351 of 2024 |
| Date considered | 30 September 2024 |
| Bench | Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra |
| Jurisdiction | Criminal Original Jurisdiction under Article 32 of the Constitution of India |
Background of the Supreme Court Proceedings
The Supreme Court took suo motu cognizance in August 2024 following the alleged rape and murder of a trainee doctor at R.G. Kar Medical College and Hospital, Kolkata. The Court's proceedings addressed not only the criminal investigation but also broader concerns relating to institutional accountability, working conditions and safety of medical professionals.
The investigation into the alleged rape and murder had been transferred by the Calcutta High Court to the Central Bureau of Investigation. The Supreme Court subsequently required periodic status reports and, in its earlier order dated 20 August 2024, constituted a National Task Force to examine systemic measures for the safety and dignity of medical professionals.
CBI Status Report Considered on 30 September 2024
A fourth status report dated 13 September 2024 was placed before the Court by the CBI. The Court recorded that the investigation was proceeding on two principal facets:
- the alleged rape and murder which occurred on 9 August 2024 at R.G. Kar Medical College and Hospital; and
- allegations concerning financial irregularities which had also been entrusted to the CBI pursuant to orders of the Calcutta High Court.
The Court observed that it would not be appropriate to disclose details of the investigative leads while the investigation was in progress because doing so could compromise the investigation. It also left it to the CBI to investigate whether the two facets were connected.
Supreme Court Directions on the Deceased Doctor's Identity
The parents of the deceased doctor informed the Court that photographs, videos and identifying material continued to circulate online. The Supreme Court clarified that its earlier direction was not confined to any one platform and applied to all intermediaries.
The Solicitor General also informed the Court that the Ministry of Electronics and Information Technology would nominate a nodal officer to whom unauthorised uploads or dissemination concerning the deceased could be reported so that appropriate steps could be taken with the relevant intermediary.
Current Legal Framework on Victim Identity and Online Intermediaries
Since 1 July 2024, the Bharatiya Nyaya Sanhita, 2023 has been in force. Section 72 prohibits publication of the name or any matter that may make known the identity of a victim of specified sexual offences, subject to the limited statutory exceptions contained in that provision.
Online intermediaries are also governed by the Information Technology (Intermediary Guidelines and Digital Media Ethics Code) Rules, 2021. The official consolidated rules have been updated by the Ministry of Electronics and Information Technology, including amendments current to February 2026. The Supreme Court's case-specific directions operate alongside this statutory and regulatory framework.
Directions Regarding Persons Holding Positions of Authority
Counsel appearing for resident doctors and their associations submitted that persons facing serious allegations were continuing to hold positions of authority in the medical college and hospital. The Supreme Court recorded that the CBI status report indicated that several of these aspects remained under investigation.
The Court directed that the doctors' request for suspension or leave of such persons should be examined by the State Government, being the appointing and disciplinary authority. The State of West Bengal also stated that if the CBI shared preliminary material indicating complicity by a person in authority in threatening or harassing resident doctors or nurses, necessary action would be taken in accordance with law and applicable service rules.
Possible Wider Scope of Investigation
The Court directed the CBI investigating team to examine whether the irregularities noticed in the context of R.G. Kar Medical College and Hospital were confined to that institution or extended to other institutions within or outside the State. The Court kept open the possibility of issuing further directions depending on what the investigation disclosed.
National Task Force and Safety of Medical Professionals
In its reportable order dated 20 August 2024, the Supreme Court constituted a National Task Force to recommend measures for preventing gender-based violence and ensuring safe and dignified working conditions for medical professionals. In subsequent proceedings, the Court continued to address institutional safety, doctors' working conditions and stakeholder suggestions.
Download the 30 September 2024 Order
The existing site copy of the Supreme Court order is retained below.