RG Kar Hospital Case: Supreme Court Expects Trial To Conclude In A Month

After perusing the CBI’s report, a bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar noted the trial was proceeding on a daily basis -- Monday to Thursday -- at the Special CBI Court in Sealdah. 

It observed that of the total 81 witnesses, the prosecution had recorded statements of 43 witnesses. The bench further directed the parties to share their recommendations and suggestions on preventing gender-based violence and developing safety protocols for doctors and medical staff at hospitals across the nation with the court-appointed national task force (NTF).

The bench directed the NTF to file a report within 12 weeks from Tuesday for its consideration. "All recommendations and suggestions be sent to the National Task force and a reply be filed by the states and UTs (union territories) to the last report of the NTF,” the CJI said.

The body of the post-graduate trainee doctor was found in the hospital's seminar room on August 9 following which the Kolkata police arrested civic volunteer Sanjay Roy the next day in connection with the crime.

While taking a suo motu notice of the case, the bench constituted the NTF on August 20 to formulate a protocol to ensure safety and security of medical professionals in the wake of the crime.

In November, the NTF in its report -- part of the Central government's affidavit -- said a separate central law to deal with offences against health care professionals was not required.

The panel said the state laws had adequate provisions to address the day-to-day minor offences besides serious ones under the Bharatiya Nyaya Sanhita, 2023.

In a slew of its recommendations, the NTF said 24 states had already enacted laws to address violence against health care professionals, also defining the terms "health care institutions" and "medical professionals".

It said two more states had introduced their Bills in this regard.

The members of NTF include surgeon Vice Admiral Arti Sarin, AVSM, VSM, Director General, Medical Services (Navy) Dr D Nageshwar Reddy, Chairman and Managing Director, Asian Institute of Gastroenterology and AIG Hospitals, Hyderabad and Dr M Srinivas, Director, Delhi AIIMS.

While hearing the suo motu case on Tuesday, the CJI said the case would be next heard in the week commencing March 17, 2025, but said the parties could seek an early hearing if the rape and murder trial of the case was delayed.

Initially investigated by the Kolkata police, the case was transferred to the CBI on August 13 by the Calcutta High Court due to dissatisfaction with the local investigation. The top court subsequently assumed oversight of the matter on August 19.

In October, the CBI filed a chargesheet against Roy, arrested by the Kolkata police. With charges being framed against the accused, the trial is underway. Solicitor General Tushar Mehta, representing the CBI, informed the court that a separate investigation into financial irregularities at RG Kar Hospital had culminated in the filing of a chargesheet.

However, prosecution in that case is awaiting sanction from the West Bengal Government, as the accused are public servants, the law officer said. Advocate Vrinda Grover, representing the victim's parents, urged the CBI to file a supplementary chargesheet indicting those suspected of covering up the crime.

The bench asked the states and union territories and others to provide recommendations and suggestions to the NTF which will have to to finalise its recommendations within 12 weeks.

The bench also dealt with a plea by doctors regarding the treatment of their protest period as abstention from duty.

It directed AIIMS, Delhi, to consider their grievance in the light of the relief granted in a previous order.

On September 17, the top court said it was disturbed by the findings given in the CBI's status report in the case while refusing to divulge the details and observed that any disclosure may jeopardise the ongoing investigation.

The top court, on October 15, questioned the West Bengal government over hiring of civic volunteers in the state and sought data regarding their recruitment and appointment process.

It had called the process of hiring as a means of granting “political patronage” to unverified people.

The top court, as a result, directed the state government to furnish details on the legal source of authority for recruitment, modalities, qualification, verifications, institutions the civic volunteers are assigned duties in and the payments made to them.

The top court had further directed the state government to enlist steps ensuring these volunteers were not posted at sensitive establishments such as hospitals and schools.