NEW DELHI: Suspecting a cover-up try after discovery of the physique of the raped and murdered physician at Kolkata’s RG Kar Hospital and Medical Faculty, Supreme Court Monday requested Bengal govt how a “important doc” referring the physique for postmortem examination may very well be lacking from the recordsdata and the way a health care provider may perform the process with out that doc.
This side, which had escaped the discover of CBI, Bengal govt and the court docket, was raised by a counsel who stated Kolkata Police couldn’t have despatched the physique for post-mortem with out filling obligatory particulars in regards to the physique and garments to the physician, who would proceed solely after receiving this doc.
A bench of CJI D Y Chandrachud and Justices J B Pardiwala and Manoj Misra instantly acknowledged the cruciality of this doc within the chain of occasions.
Simply 27 minutes of RG Kar CCTV knowledge given to us, CBI tells SC
Solicitor common Tushar Mehta, showing for CBI in SC in RG Kar rape-murder, stated Kolkata Police had not handed over to the central company the report of the cops detailing the state of the sufferer’s physique and garments as discovered within the crime scene.
Senior advocate Kapil Sibal and advocate Astha Sharma, for West Bengal, conceded that recordsdata of Kolkata Police introduced by their officers didn’t comprise this doc. “The chief judicial Justice of the Peace crammed the shape himself and gave it to the physician,” Sibal stated.
The CJI requested, “How can a postmortem be carried out with out this doc?” Justice Pardiwala stated, “The constable who takes the physique for postmortem is sure to hold this doc. It has been struck clean. It’s worthwhile to clarify. If this doc is discovered lacking, then one thing is vitally fallacious.”
He stated, “This doc is essential (to investigation) and of significant significance as it will have recorded the garments and clothes worn by the sufferer on the time of crime with which the physique was despatched for postmortem. It’s unimaginable for the physician, who conducts postmortem, to simply accept the physique with out this doc.” Sibal stated the state will file an affidavit giving particulars on this.
The counsel, who first drew the court docket’s consideration to this lacking doc, knowledgeable the bench that this paper was a part of the CD that was handed over to the HC. The SG stated the potential for some paperwork being generated subsequently couldn’t be dominated out.
The CJI additionally requested whether or not CBI had been handed over the whole CCTV footage, ranging from the time the sufferer entered the seminar corridor for relaxation, and containing entry and exit of the accused from the crime scene and discovery of the physique? The SG stated, “What’s shared with CBI is 4 video clips of CCTV footage totalling simply 27 minutes between 5.06pm to 10.45pm.”
Senior advocate Geeta Luthra alleged vandals who went on a rampage inside RG Kar hospital disturbed the crime scene. One other counsel stated the wash basin and tiles on the partitions of the bathroom subsequent to the crime scene had been utterly changed, obliterating each potential proof that might have been picked by forensic consultants.
Senior advocate Mahesh Jethmalani stated regardless of lapse of time, there was no readability on how the crime occurred and the location of the crime.
The CJI-led bench stated, “There may be some readability about when the physique was found and there may be some readability about motion across the room the place the lady physician was resting within the evening.” Jethmalani stated the one who found the physique ought to have registered the FIR, however the delay began from there.
The court docket raised questions on timing of registration of ‘unnatural loss of life report’ and different paperwork regarding the crime and requested CBI to analyze these. “However one factor is loud and clear, there was at the very least a 14-hour delay in registration of FIR, which was performed at 11.30pm after the physique was cremated,” the bench stated.
The SG drew the court docket’s consideration to the report of forensic science laboratory Kolkata on the incident and stated, “There’s something critical. CBI has taken a choice to ship the samples for recent forensic examination by AIIMS and FSLs in different states. Who took the samples is vital. In a rape-murder case, the primary 5 hours of the crime scene.”
After perusing CBI probe standing report, the CJI-led bench stated, “CBI seems to have sure leads. We have now understood the road of investigation however don’t wish to focus on it in open court docket. CBI ought to file a recent standing report by Sep 16 indicating progress achieved on these leads.” It posted additional listening to on Sep 17.
This side, which had escaped the discover of CBI, Bengal govt and the court docket, was raised by a counsel who stated Kolkata Police couldn’t have despatched the physique for post-mortem with out filling obligatory particulars in regards to the physique and garments to the physician, who would proceed solely after receiving this doc.
A bench of CJI D Y Chandrachud and Justices J B Pardiwala and Manoj Misra instantly acknowledged the cruciality of this doc within the chain of occasions.
Simply 27 minutes of RG Kar CCTV knowledge given to us, CBI tells SC
Solicitor common Tushar Mehta, showing for CBI in SC in RG Kar rape-murder, stated Kolkata Police had not handed over to the central company the report of the cops detailing the state of the sufferer’s physique and garments as discovered within the crime scene.
Senior advocate Kapil Sibal and advocate Astha Sharma, for West Bengal, conceded that recordsdata of Kolkata Police introduced by their officers didn’t comprise this doc. “The chief judicial Justice of the Peace crammed the shape himself and gave it to the physician,” Sibal stated.
The CJI requested, “How can a postmortem be carried out with out this doc?” Justice Pardiwala stated, “The constable who takes the physique for postmortem is sure to hold this doc. It has been struck clean. It’s worthwhile to clarify. If this doc is discovered lacking, then one thing is vitally fallacious.”
He stated, “This doc is essential (to investigation) and of significant significance as it will have recorded the garments and clothes worn by the sufferer on the time of crime with which the physique was despatched for postmortem. It’s unimaginable for the physician, who conducts postmortem, to simply accept the physique with out this doc.” Sibal stated the state will file an affidavit giving particulars on this.
The counsel, who first drew the court docket’s consideration to this lacking doc, knowledgeable the bench that this paper was a part of the CD that was handed over to the HC. The SG stated the potential for some paperwork being generated subsequently couldn’t be dominated out.
The CJI additionally requested whether or not CBI had been handed over the whole CCTV footage, ranging from the time the sufferer entered the seminar corridor for relaxation, and containing entry and exit of the accused from the crime scene and discovery of the physique? The SG stated, “What’s shared with CBI is 4 video clips of CCTV footage totalling simply 27 minutes between 5.06pm to 10.45pm.”
Senior advocate Geeta Luthra alleged vandals who went on a rampage inside RG Kar hospital disturbed the crime scene. One other counsel stated the wash basin and tiles on the partitions of the bathroom subsequent to the crime scene had been utterly changed, obliterating each potential proof that might have been picked by forensic consultants.
Senior advocate Mahesh Jethmalani stated regardless of lapse of time, there was no readability on how the crime occurred and the location of the crime.
The CJI-led bench stated, “There may be some readability about when the physique was found and there may be some readability about motion across the room the place the lady physician was resting within the evening.” Jethmalani stated the one who found the physique ought to have registered the FIR, however the delay began from there.
The court docket raised questions on timing of registration of ‘unnatural loss of life report’ and different paperwork regarding the crime and requested CBI to analyze these. “However one factor is loud and clear, there was at the very least a 14-hour delay in registration of FIR, which was performed at 11.30pm after the physique was cremated,” the bench stated.
The SG drew the court docket’s consideration to the report of forensic science laboratory Kolkata on the incident and stated, “There’s something critical. CBI has taken a choice to ship the samples for recent forensic examination by AIIMS and FSLs in different states. Who took the samples is vital. In a rape-murder case, the primary 5 hours of the crime scene.”
After perusing CBI probe standing report, the CJI-led bench stated, “CBI seems to have sure leads. We have now understood the road of investigation however don’t wish to focus on it in open court docket. CBI ought to file a recent standing report by Sep 16 indicating progress achieved on these leads.” It posted additional listening to on Sep 17.
