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regular-article-logo Thursday, 10 October 2024

At Supreme Court hearing on RG Kar, CJI says what CBI has found is deeply disturbing

Fourth hearing concludes amid Kapil Sibal, Indira Jaising sparring over whether Bengal govt is in denial over the situation the doctors are facing

Our Web Desk Calcutta Published 17.09.24, 10:22 AM

TTO Graphics.

  • Hearing concludes for the day
  • All the information is in the requisition: Sibal
  • We don't buy the explanation, once there is a statutory form: CJI
  • That form 5371 (challan for post mortem) has not been used since 1997, it was not shown to the HC, that's a wrong statement . We used a requisition as per the GOI standing operating procedures: Sibal
  • I am sorry, you please listen to me, otherwise I will have you removed from the court, we cannot ask the CM to resign that is not in our remit: says CJI to a counsel
  • We are not modifying our last order, we have created the conditions for coming back to work, let them do what they have to do to implement the orders: CJI
  • CJI says the following are already raised with the state agencies - (1) nature of commission of act; (2) was there serious of disruption of the evidence; (3) was there any coverups CJI: Jaisingh has requested the court to record that no punitive action be taken for doctors to return to work...Mr Sibal for WB states that an assurance was held out for junior doctors, which is being reiterated in court that no punitive actions be taken against them for ceasing the work
  • They have not gone back to work because those people are still there and they will be victimised: Indira Jaising
  • We have been apprised of the extent of the cover up by the CBI. We need some material to issue further directions: CJI
  • We are not getting into the domain of the CBI. We have used the words fixed administrative responsibility: Indira Jaising
  • We are accountable to our general body. We will have our meeting today or tomorrow. We do not want to be in contempt of court: Indira Jaising
  • Can you keep your hand on your heart and say committees are in place?: Indira Jaising to Kapil Sibal
  • He (Sibal) is trying to demonise the doctors. We went to the meeting: Indira Jaising
  • We are not in denial: Sibal
  • We are satisfied with the CCTVs and toilets. we understand it will take time. This incident would not have happened. They should not be in denial: Indira Jaising
  • There has to be a confidence building between state and doctors: Indira Jaising
  • This court expressed an expectation that the junior doctors will return to work by September 15. Some of the pre-conditions have not been provided till even today. Forty of them met the CM today. A settlement was reached last night: Indira Jaising
  • CJI also mentions steps to be taken for biometric access
  • 1,514 security personnel are proposed to be engaged by outsourcing agency for 1 year, serious reservations are expressed by counsel of senior and junior doctors, bearing in mind that the alleged crime is done by a civic volunteer who was hired on contract....apart from this a notification was issued by the state on women doctors to not work at night. We find justification in the objections raised. We are affirmatively of the view that conditions of women doctors not working at night will prejudice their careers: CJI
  • Affidavit has been filed by health secretary explaining the steps taken to upgrading the duty rooms, toilet facilities, CCTV cameras in the govt medical colleges and hospitals across the state. The data shows there are 28 govt medical colleges in West Bengal and 9 in Kolkata, 17 govt hospitals in Kolkata are attached to medical colleges, while 87 medical hospitals besides the govt hospitals exist in the state. sanction has been granted for toilet, resting rooms, additional CCTV cameras, besides budgetary provisions, work has commenced, the direction is to complete in 7-14 working days. Apart from 717 CCTV additional CCTV cameras will be installed. In our view, the participatory process should be followed so that senior and junior doctors can also participate, We suggest Mr Sibal that (1) DM , (2) the principle of each medicla hospital, (3) the representative of of each senior doctor shall be consulted so that the toilets and CCTVs etc are installed with their inputs, this shall be completed within 2 weeks: CJI
  • State has filed an affidavit explaining steps taken for upgrading duty rooms/rest rooms, toilets, availability of CCTV cameras: CJI giving his order
  • Sibal seeks two weeks time to submit affidavit
  • Two weeks is too long: CJI
  • CJI asks health secretary what modalities will be followed on CCTV cameras, toilets and access to resting rooms
  • Why not biometric access to the resting rooms?: CJI
  • Sibal says we will do it
  • Only 36 of the 415 CCTV installed. Work is very slow: CJI
  • The devil lies in the fineprint. When will they join? The collector and district magistrates and SPs must monitor. There must be an SoP on the installations of cameras, and not according to the whims of any one individual: CJI
  • These are young doctors, young students, young interns coming from different places. We have to assuage their concerns: CJI
  • There was a police outpost yet this happened, says Sibal
  • There is a lack of security for the doctors, The way to have it is regular police force at the teaching hospitals: CJI
  • They had no great pleasure in abstaining from work. Who are these people joining at the contractual level?: CJI
  • Sibal says court should have place trust with confidence on state government
  • There are genuine concerns who are these contractual people asks CJI
  • What really happens in, the accused was drawn from the contractual work, these contractual people will be trained for 7 days and walking around all over the hospital ,how do you ensure the safety? the crime was done by a volunteer, the GR says that they will be appointed by outsourcing agencies ....are there any psychological assessments done for recruiting them?: CJI
  • 6178 additional CCTV cameras to be installed, says Sibal
  • Work on resting rooms to be completed in seven to 14 days, says Sibal
  • Sibal informs the SC bench what steps have been taken to ensure safety and security of health professionals
  • Sibal submits affidavit filed through the West Bengal health department
  • What steps have been taken to improve safety and security at the hospitals, apart from budgetary allocation?: CJI
  • If junior doctors do not go back to work what is to be done? Sibal
  • Junior doctors were not on strike: Karuna Nundy
  • Lots of allegations are being made: Karuna Nundy
  • Doctors cannot be demonised: Indira Jaising
  • CM appealed to the junior doctors to resume work, they still have not: Sibal
  • Sibal reads the terms agreed on Monday late night's meeting.
  • DHS and DME will be transferred: Sibal
  • CP Calcutta Police and DC North to be transferred: Sibal
  • Sibal informs the bench on the outcome of the meeting between the CM and junior doctors' front.
  • Notification on restricting women during night shifts will be removed, says Sibal
  • Information of the complainant will remain with the Joint Director CBI, says SG Mehta
  • If anybody comes forward their identity will not be disclosed, assures Tushar Mehta
  • People are afraid to come forward and speak: SG Mehta
  • Counsel for an organisation Doctor for Patients, seeks portal to file complaints anonymously
  • Your duty is to provide security. We cannot tell women in this country cannot work at night: CJI
  • Women are ready to work exactly the same time shift , Mr Sibal you have to look at it, the answer to it is that you must give security: CJI
  • Women do not want concession. They want equal opportunities: CJI
  • How can you say women will not work in night shift?: CJI
  • 1,514 force requires to be dismantled. They are outside the law and replaced by regular police force in the interest of safety and security: Indira Jaising
  • Bengal government should address the court what settlement was reached: Indira Jaising
  • A settlement was reached last night: Indira Jaising
  • Sandip Ghosh has now been arrested by CBI on the rape and murder case/ Status report on the financial irregularities also be placed before the bench: Karuna Nundy
  • Financial irregularities is intricately connected: Karuna Nundy
  • There is another call to institute a cadre - companion at night. Now 1514 security personnel will be placed at the hospitals by a private company, that is one objection: Karuna Nundy
  • Karuna Nundy objects to hired security personnel be posted at government hospitals.
  • The demonizing of junior doctors has to stop, Karuna Nundy
  • Death figures quoted by Bengal government were from media reports. One case was a lie, says Karuna Nundy
  • They have said medical system is collapsing because of strike by junior doctors. Senior doctors are working overtime because junior doctors are not feeling safe to return: Karuna Nundy
  • State government is vilifying the junior doctors: Karuna Nundy
  • The victim had a specific hairstyle it is being depicted everywhere: SG Tushar Mehta
  • During the course of hearing we are apprised the Wikipedia has retained the name and copy of the ...it is only an artistic graphic: CJI
  • Some of the concerns may be submitted to the CBI so that necessary steps are taken in the course of investigation . Having perused the letter of 12 Sept, at this stage it shows that many concerns of letter are subject to the investigation of the CBI: CJI
  • Appearing for resident doctor- Jaising, submitted that definite material is with the doctors indicating the presence of persons at the scene of crime, the names will be handed over to the CBI, the copy may be shared with the SG who will in turn make it available to the IO: CJI
  • A status report dated 17 sept is filed by Satyajit Singh (CBI), during the course of hearing, we have heard the counsel appearing on behalf of the parents of the deceased, the resident doctors, intervening association and petitioners before the HC. We have explained to all that bat stage it will not be fair to disclose the leads of CBI as this would only lead to dislocation of the investigation...the counsel have also agreed...a letter dated 12 Sept addressed by father of deceased has been shared, the letter expresses the genuine concerns of the parents, and gives inputs...bearing in mind the genuine concerns, we are of the opinion that the inputs be duly taken by the IO : CJI reading the order
  • CJI reads status report filed on September 17
  • You have identified the specific cameras: CJI
  • All cameras: Sibal
  • Is it your statement that nothing is left to be given?: CJI
  • Yes: Sibal
  • How many exhibits were seized?: CJI
  • Pendrive, harddisk everything was given : Sibal
  • All the cameras are stored in four hard drives and have been handed over: Sibal
  • This ultimately is a matter of investigation: Sibal
  • Sibal reads from state's report
  • A 32GB drive handed over to CBI on August 14, claims Sibal
  • Has the DVR of the entire CCTV footage from the hospital handed over to the CBI? When was it handed over we want to know: CJI
  • 7-8 hours footage is given: Sibal
  • Calcutta Police must cooperate with CBI: CJI
  • The place where camera was placed was not at the entrance room, there are also other cameras placed....(2) there is no dispute that there is no dead body challan: Edulji
  • We do not want the investigation to dislocated, someone who is under scrutiny be on his guard: CJI
  • Dead body challan, statutory form was shown to the Calcutta high court is handed over to the CBI: CJI
  • Make sure the CBI seizes the entire video: CJI
  • Forty days have passed, we do not know whether it has been over-written or not: Edulji
  • Can you not ask the state police to submit it: CJI
  • Why has the Calcutta Police given only 27 minutes of the videography done at the scene. CBI has to see the entire footage: Counsel Edulji
  • What you are flagging is of utmost concern. What CBI has revealed is disturbing : CJI
  • There has to be two seizure lists. One at the place of occurrence and the other where the post mortem took place. Why the IO did not take the jeans and undergarments to the doctor conducting post mortem. I don't know: The next morning were these sent to the magistrate for forwarding to CFSL? What was the date?: asks Firoz Edulji
  • Counsel asks for genome testing for DNA
  • There is genuine concern by father of deceased in regard to certain specific leads in investigation is obtained, we will not reveal his letter its confidential....we will say these are very valuable inputs for the CBI, they are handicapped themselves at this point in time by the 5 day delay, but they should also look at this to ensure this is obtained: CJI
  • CBI needs to maintain communication with the parents: Counsel for junior doctors
  • CBI is handicapped at point of time for reasons: CJI
  • Bench is perusing the report
  • We have names of people who were present at the scene of crime who had no business being there. We have their names. I am willing to put it in sealed cover and give it to the CBI: Indira Jaising
  • There is still time to complete the investigation. We have to give CBI adequate time, they are not sleeping over. They are required to be given time to unearth the truth.:CJI
  • CBI has responded specifically to issues all of us raised in the last hearing including the challan for the post mortem. CBI is also exploring whether the scene of crime was tampered with, evidence destroyed: CJI
  • Making a disclosure will jeopardise the investigation. Let me assure you the line of the CBI investigation is to unearth the truth and only the truth: CJI
  • Kapil Sibal argues against live streaming of the hearing in the rape and murder of the 31-year old post graduate trainee at RG Kar Medical College and Hospital
  • Bench is perusing the status report
  • Is there threat to any of the women? woman or man appearing a matter ....alright we will take care of that: CJI
  • We are getting threats that acid will be thrown, we will be raped (women lawyers in the case): Sibal
  • It's also about our reputation! where was I laughing? this is not fair! it spreads to the women in our chamber: Sibal
  • Its a matter of public interest , its open court: CJI
  • What happens when you livestream matters like this which has huge immotive implications...we are not representing the accused, we have 50 years of reputation: Sibal
  • Please have some order.. let us not just scream just because people are watching on livestream. Let us have some order please: CJI Chandrachud
  • I have some concerns which I seek to air: Kapil Sibal
  • I was in an urgent administrative meeting. Apologies: CJI DY Chandrachud
  • Supreme Court three-member bench led by Chief Justice of India DY Chandrachud convenes to hear on RG Kar rape and murder case shortly
  • Meanwhile at Swashthya Bhavan, Junior doctors plan to hold a general body meeting after the Supreme Court hearing. "We are not fully happy with whatever happened yesterday but we are not disheartened as well. I agree with the CM in some parts that the whole department cannot be dissolved in one go and for that they need to be proven guilty. The case is with the CBI. And justice is to be served in two parts, one to hold all those who are responsible and second, to see that such kind of cases do not happen in future. The CM has assured us that security in hospitals will be checked and we are waiting for the same to be implemented and receive the written copies of the documents. We wanted the resignation of CP, DC North, South, Director of Health Education & Directorof Medical Services . Some of them have received transfer. We are hopeful and we will have our GB meeting again today after the Supreme Court hearing,'' said Dr Sayan Mandal, an intern at the Midnapore medical college, to The Telegraph Online.
  • Last night, chief minister Mamata Banerjee replaced the Calcutta police commissioner, two other high ranking police officers and a health department official after a meeting with protesting junior doctors
  • Kapil Sibal is the counsel for the Bengal govt
  • Noted lawyer Indira Jaising is representing the doctors
  • This is the fourth hearing in the case

This is a Breaking News. Keep refreshing the page for more updates.

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