Supreme Court May Transfer RG Kar Rape and Murder Case to Delhi or Calcutta High Court

The Supreme Court on Wednesday signaled its intention to potentially transfer the rape and murder case of a trainee doctor at RG Kar Medical College and Hospital to either Delhi or the Calcutta High Court.

New Delhi:

In a significant development, the Supreme Court indicated on Wednesday that it would consider transferring the RG Kar Medical College and Hospital rape and murder case to either Delhi or the Calcutta High Court.

The apex court had taken suo moto cognizance of the case in 2024.

Justices MM Sundresh and Satish Chandra Sharma, comprising the bench, observed that the matter cannot proceed in a "piecemeal" fashion as numerous related cases were already pending before the Calcutta High Court.

During proceedings, the court requested senior advocate Karuna Nundy, who represents the Association of junior and senior doctors, to provide a comprehensive list of matters currently pending before the Calcutta High Court.

Nundy informed the court that protesting doctors were facing harassment from police, including repeated summons for interrogation. She appealed to the Supreme Court to issue protection orders for the doctors.

After hearing her submissions, the top court stated it could not issue "blanket orders" for doctor protection but would examine the matter during the next hearing.

"We are dealing with multiple complex issues, and there seems to be no end to this. The Calcutta High Court is better positioned to monitor protests. Is it feasible for us to monitor protests in Kolkata while sitting in Delhi? We cannot issue blanket protection orders for doctors. Police have legitimate authority to summon individuals," the bench remarked orally.

The case will resume after the winter vacation period.

The postgraduate trainee doctor's body was discovered in the hospital's seminar room on August 9 last year. Kolkata police apprehended Sanjay Roy, a civic volunteer, the following day.

On January 20, a Kolkata trial court sentenced the convicted Roy to "life term imprisonment till death." The brutal crime sparked nationwide outrage and extended protests throughout West Bengal.

Despite the primary conviction, the Supreme Court continues to monitor various related issues, including the regularization of unauthorized absences among doctors.

When taking suo motu notice of the case, the bench established a National Task Force (NTF) on August 20 last year to develop protocols ensuring medical professionals' safety and security in response to the crime.

In November last year, the NTF's report, included in the Central government's affidavit, concluded that a separate central law addressing offenses against healthcare professionals was unnecessary.

The panel noted that state laws contained sufficient provisions for minor offenses, while serious crimes were covered under the Bharatiya Nyaya Sanhita, 2023.

Among its numerous recommendations, the NTF highlighted that 24 states had already enacted legislation addressing violence against healthcare professionals while defining "health care institutions" and "medical professionals."

Initially handled by Kolkata police, the case transferred to the CBI on August 13 after the Calcutta High Court expressed dissatisfaction with the police investigation.

The Supreme Court subsequently assumed oversight of the case on August 19, 2024.