Chief Justice vs. Kapil Sibal: The Most Controversial Moments from the Kolkata Case

Here came the intense courtroom exchanges between Chief Justice DY Chandrachud and Kapil Sibal in the Kolkata rape-murder case. Find the key moments and dramatic dialogues that shaped this high-profile legal battle.”

The Supreme Court has emphasized the urgent need to protect doctors, warning that the nation cannot afford another tragedy like the horrific Kolkata rape-murder case. During the hearing, Chief Justice of India DY Chandrachud delivered a stern reprimand to the West Bengal government and hospital authorities, criticizing their delays and lapses in the investigation. He raised critical concerns about the hospital’s handling of the case and the delayed filing of the FIR, stressing that immediate changes are essential to prevent future tragedies.

Procedural Failures and National Outrage

The bench questioned, “Why was the FIR registered three hours after the body was handed over for cremation?” highlighting the procedural failures that have sparked widespread outrage. The Supreme Court took suo moto cognizance of the rape and murder of a 31-year-old post-graduate trainee doctor at Kolkata’s RG Kar Medical College and Hospital on August 9. This incident has led to nationwide protests and intensified concerns over women’s safety, particularly in educational and medical institutions.

Critical Questions on Administrative Failures

The three-judge bench, including CJI Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, was especially critical of the college administration’s role. “What was the principal doing? Why was the FIR not filed promptly? The crime scene was within the hospital premises; what were the authorities doing while vandals were allowed to enter?” CJI Chandrachud questioned.

Examination of Principal Sandip Ghosh and Legal Proceedings

Sandip Ghosh, who resigned as principal of RG Kar Medical College two days after the incident, is under intense scrutiny. The Central Bureau of Investigation (CBI) interrogated him for nearly 53 hours over four days regarding his actions following the doctor’s death. Responding to the court’s concerns, Kapil Sibal, representing the West Bengal government, argued that the hospital took immediate steps, including registering a case of unnatural death and forming a board with a judicial magistrate present. However, CJI Chandrachud emphasized that the hospital was responsible for filing the FIR, especially in the absence of the victim’s parents.

Chief Justice’s Demand for Accountability: Kapil Sibal

The Chief Justice demanded, “What steps did the principal and hospital board take at this pivotal time?” He criticized the principal for downplaying the crime as a suicide and preventing the parents from seeing the body, while no FIR was filed. In response, Sibal argued that the FIR was filed promptly and the inquest confirmed the case as murder.

Reassignment of Principal and Further Actions

The court observed that, despite his resignation, the principal was briefly reassigned to another college. In response, the Calcutta High Court has directed the West Bengal Health Department to refrain from appointing Ghosh to any other medical college until further orders.

Establishment of National Task Force for Doctor Safety

The Supreme Court has established a national task force (NTF) of leading medical experts to recommend measures for enhancing the safety of doctors. The NTF is tasked with submitting an interim report within three weeks and a final report within two months. The task force includes distinguished figures such as Surgeon Vice Admiral R. Sarin, Dr. D. Nageshwar Reddy, Dr. M. Srinivas, Dr. Pratima Murty, Dr. Goverdhan Dutt Puri, Dr. Saumitra Rawat, Prof. Anita Saxena, Prof. Pallavi Sapre, and Dr. Padma Srivastava.

The Supreme Court has scheduled the next hearing for August 22.