The Supreme Court and the Kolkata rape-cum murder of a lady doctor
By Justice Katju
A lady doctor in RG Kar Hospital, Kolkaa was brutally raped and murdered, which resulted in agitations by doctors, and huge media coverage over this outrage.
While I too strongly feel that the culprit should be harshly punished, with great respect to the Supreme Court I feel that taking suo motu cognizance of the matter, when it is still at the stage of police investigation, was a mistake.
I have seen many video clips of the hearing in the Supreme Court, and feel that many observations of the court could have been best avoided
For instance, the Court enquired when was the FIR filed, and asked why it was filed late ?
https://www.youtube.com/watch?v=T_JHfZEPJSs
https://www.youtube.com/watch?v=s74-91VMh44
https://www.youtube.com/watch?v=L9uMPdsmBSI&t=4039s
Now one can understand such a question being asked after the judicial proceedings in the district court and High Court are over, and an appeal against the High Court verdict is being heard by the Supreme Court. After all, the question of delay in filing an FIR arises in many criminal cases, and this requires taking of evidence, cross examination, etc
But here judicial proceedings even in the district court have not yet started, and the matter is at the stage of police investigation.
The Calcutta High Court has already ordered a CBI probe,but the oral comments made by the Supreme Court, though strictly speaking not binding, may influence the investigation or the subsequent judicial proceedings, and should have been best avoided.
The Court then asked why the Principal sought to pass off the case as a suicide, and what was the police doing ?
https://www.youtube.com/watch?v=_e8ouRisKhs
The CJI observed ” It appears that the crime was detected in the morning. The hospital’s principal tried to pass it off as suicide and the parents were not allowed to see the body ”.
Kapil Sibal, representing the state of West Bengal, said that was not correct, and gave details. At any event, this issue was a matter to be considered in judicial proceedings, which, as mentioned above, have not even started.
What can such suo motu proceedings possibly achieve ? Perhaps the Supreme Cout felt that safety must be provided to lady doctors, and it has set up a National Task Force for this
https://www.youtube.com/watch?v=_c3DB9jMmMw
But then why only safety to lady doctors ? Women are found in numerous vocations in India, not just the medical e..g. the legal profession, business, manufacturing and agricultural sector, scientists, engineers, secretaries, etc
https://www.statista.com/topics/5220/women-in-india/
Does the state have the financial resources to provide security to the millions of working women in India ? I doubt that even the guidelines laid down by the Supreme Court in Vishaka vs State of Rajasthan have been implemented.
I too am strongly against rapes. But to say that the nation cannot wait for another rape overlooks the fact that India has a huge population of 1.43 billion people, and rapes will take place, just as murders, dacoities, and robberies, etc will take place, despite any observations or directives of our courts
