Suo motu proceedings by the Supreme Court in the Kolkata murder-cum-rape case
By Justice Katju
I have already written an article on the subject, in which I have said that with great respect to the Supreme Court these proceedings were uncalled for :
https://www.hastakshepnews.com/2024/08/supreme-courts-suo-motu-action-in.html
With respect to the Hon’ble Judges, the questions they have asked in Court, and the observations they have made, gives an impression as if they are conducting an investigation or holding a trial, e.g. asking what time was the post mortem done, or UD or FIR lodged ? Surely these are questions to be asked in a trial
https://www.youtube.com/watch?v=yiiIDNZ72fw
https://www.youtube.com/watch?v=0AFwhuwH8-0
https://www.youtube.com/watch?v=YPgpbBAo6Jw&pp=ygUka2xrYXRhIG11cmRlciBuZXZlciBzZWVuIGluIDMwIHllYXJz
Also it is for the police, not the Court, to conduct an investigation.
Some may doubt that the West Bengal police, which is under the TMC government, will conduct a fair investigation.
But to allay this apprehension, the Calcutta High Court has already transferred the investigation to the CBI, and the High Court is still seized of the matter. Where then was the need for the apex court to step in ?
The Supreme Court has made observations critical of the Mamata Banerji Govt, the hospital administration, and the local police, but were these not premature ?
https://www.youtube.com/watch?v=n4S13hC0-cQ&pp=ygUha29sa2F0YSBtdXJkZXIgcmFwZSBzdXByZW1lIGNvdXJ0
After all, even the trial has not commenced, in which evidence has to be led on these issues, with a right of cross examination. Only then can it be adjudged whether the West Bengal Govt or the hospital administration or the police were to blame, whether the crime scene was altered, whether it was earlier falsely said to be a suicide, and if so, why, whether the FIR was filed belatedly, and if so, whether there is a satisfactory explanation for this ?
https://www.youtube.com/watch?v=1IYwa2C2PZo
It was repeatedly asked by the Court why the FIR was lodged belatedly
https://www.youtube.com/watch?v=QefyOAfUDz8
https://www.youtube.com/watch?v=xAIMMx395H4
In criminal cases often the FIR is lodged belatedly. However, the question is whether there is a good explanation for the delay, and for that evidence has to be adduced with a right of cross examination. This is only possible in a trial, where the accused is given a full opportunity of defence, according to the provisions of the Cr.P.C. It surely cannot be done in suo motu proceedings even before a trial has commenced.
One can understand the Supreme Court’s concern at this outrageous crime, but in my opinion it would have been better for the Court to let the Calcutta High Court, which was already seized of the matter, to deal with it, and at most direct the trial to be held speedily, but without making any observations on the merits of the matter.
It is only after the trial is completed by the district court, and the appeal against its verdict decided by the High Court, and an appeal is filed against the High Court decision in the Supreme Court, that the latter should come into the picture.
As for constituting a National Task Force for protecting lady doctors, in my opinion only a recommendation could have been made by the Supreme Court to Parliament for this purpose, and the Court could not have validly given a direction to this effect.
This is because constituting such a Force has financial implications, and it is a legislative act, and therefore can only be done by legislation. There is separation of powers under the Constitution, and one organ of the state should not encroach into the domain of another vide Divisional Manager, Aravali Golf Club vs Chander Haas
https://indiankanoon.org/doc/47602/
