Kolkata rape case: 'CBI probe uncovers key leads, suggests involvement of more people,' says Supreme Court

New Delhi" The Supreme Court on Monday said very substantial leads have come up in the CBI investigation, showing involvement of more people, into the rape and murder of a postgraduate medico at the Kolkata's R G Kar Medical College and Hospital and the financial irregularities over there.  

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, which was hearing a suo motu case, was informed that seven people who are being investigated by the CBI are still in employment in the Hospital.

Senior advocates Indira Jaising and Karuna Nundy representing a doctors’ association, said they should be temporarily suspended pending the inquiry.

One counsel said this was not a plain and simple murder and there are many more people involved in the incident. 

The court sought to know if there any people who are presently under investigation, and in positions of authority in the hospital.

The bench, which took up the matter after 4 pm, the time for rising of the bench, said, "Very substantial leads have come up in the CBI Investigation. Obviously, let the CBI continue the investigation on two aspects the alleged rape and murder and the second on financial irregularities referred by the Calcutta High Court."

The bench asked Solicitor General Tushar Mehta, representing the CBI, the injuries seem to have been accentuated by the fact that she was wearing braces and glasses? How was it that she was wearing glasses at that particular point? Was she attacked when she was asleep? 

Mehta said she was asleep.

"Then how she was wearing her glasses," the bench asked. 

At this juncture, a counsel said that she was not wearing glasses and the seizure said that the glasses were broken, and found beside her on the mattress.

Jaising said “I will give some names who were present on the scene of the crime on the invitation of the principal of the college, who had nothing to do with the college nor were they on duty at that time. They arrived even before police arrived on the scene”.

She said some of them are elected members of West Bengal medical council. This is the reason we are arguing that this is not a plain and simple murder and there are many more people involved in the incident.

“All that we like to say right now is that the report by the CBI does specifically advert to this. Let us leave it that," the bench said.

Nundy said many of them are in positions of power even today and this is contributing to the threat culture and enabling of threats.

She said it is not restricted to R G Kar Hospital and the people in positions of power with regard to medical examination, the examination board, the cooperation that takes tenders, and the West Bengal medical council.

“This is something on which you should apprise the court. Who are the people, forget they were involved in any conspiracy to hush up the murder. That is a very important aspect. Keep that aside for a moment. Are there any people who are presently under investigation, who are in positions of authority in the hospital against whom there is an allegation of involvement in financial irregularity,” the bench asked Mehta.

Mehta said the probe would cover the crime, cover up and financial irregularity. 

Senior advocate Rakesh Dwivedi, representing West Bengal, said the CBI should indicate who those people are and then we can take action. Jaising said they will give the names.

“Ultimately any action has to be taken by the state government, as the disciplinary authority. For us to issue a direction of general nature right now without in possession of full facts…I think at this level there should be some sharing of information with the state government," the bench said.

Dwivedi said the state was informed about five doctors’, they have been suspended and action has been taken. 

The bench said if we expand the investigation across other hospitals then CBI will be in an impossible situation

"We are focussing on R G Kar and be rest assured, you move that application,” the bench said to counsel who referred to some mafia nexus.

The bench asked Mehta to examine the plea and apprise the court whether there is need for broadening the investigation, and “then we can pass orders necessary to effectuate that purpose. This is a part of a broader nexus either intra or inter-state”. The bench said it should have some concrete material before it entrusts this matter to the CBI.