Calcutta High Court expresses displeasure over investigation by SIT in RG Kar case

The Calcutta High Court on Thursday expressed dissatisfaction over the progress of investigation by the Special Investigation Team (SIT) in the alleged conspiracy in the rape and murder of an on-duty doctor at state-run RG Kar Medical College and Hospital in 2024.

Hearing the matter, the Division Bench of Justice Shampa Sarkar and Justice Tirthankar Ghosh observed that the investigation had not reached its logical conclusion despite the court’s earlier directions.

“In terms of our earlier order, some interrogations have been done but those, according to us, are not sufficient. The investigation that we had directed to be conducted by the SIT, upon relieving the earlier I.O, should have been taken to its logical conclusion … We are not satisfied with the report filed before us,” the Bench said.

The court further observed, “ The investigation has been continuing from October, 2024 and we expect that a final shape to the investigation should be granted forthwith. To that effect, all the materials collected shall be submitted before this Court on the next date in a sealed cover.”

The matter will be heard next on August 6.

A comprehensive report was placed before the Division Bench during Thursday’s hearing.

Appearing for the Central Bureau of Investigation (CBI), Additional Advocate General Rajdeep Majumdar submitted that the victim’s parents had been questioned regarding their grievances, “We have already questioned them ( parents ) about their grievances. We have addressed their grievances,” he said.

Justice Shampa Sarkar, however, observed, “CBI is unable to find out what actually happened. There are other aspects. There was tampering of material evidence, no forensics was done; who are the persons responsible for such action?”

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Justice Tirthankar Ghosh added, “One year and seven months have passed. What is the outcome of this investigation?”

The CBI submitted that the scene of occurrence had been revisited, people were requested and the investigation had been re-examined by the SIT.

The Bench, however, noted that the court had specifically directed the SIT to revisit three issues. “Destruction of evidence and shielding of offenders is evident from all your reports but nothing has been done by SIT. We wanted it to be done in a manner which is just. What are the grievances of the mother? Has it been taken into account by the SIT?” the Bench asked.

According to the CBI counsel everything was revisited as per the last court order, but no new enquiry was done.

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The CBI maintained that the investigation had been revisited as per the last court order, but no new inquiry had been conducted.

Expressing displeasure, the Bench observed, “If this is the understanding of the Calcutta High Court’s order, then we are very sorry. What does revisit mean? It seems the CBI is reluctant. On destruction of evidence, the same report was filed before the single bench. There is no progress. This report merely puts a seal on the previous report of the CBI. One month has been wasted. What was the point of constituting a Special Investigation Team?”

The CBI submitted that since the investigation was done by the same department, it could not re-investigate the matter without a transfer order. “People were interviewed before. Every angle was looked at,” counsel submitted.

To this, the Bench responded, “Only interview? Where has the interrogation led to? The idea is to give justice. One part is done, what about the other parts? The crime scene was destroyed, people were roaming around there while the body was lying there. What have you done? When are you going to conclude this?”

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Appearing for the victim’s parents, senior advocate Jayanta Narayan Chatterjee submitted: “Multiple persons were involved. Even the mother has taken names. What type of investigation is being done? We are trying to assist them, but they are not ready. The parents’ statements have not been investigated. We believe there are many accused, not just one principal accused. Several people have said that the body was carried from upstairs to downstairs. If the CBI cannot re-investigate, let the probe be transferred to the CID,”

On May 21, the Calcutta High Court ordered the setting up of a three-member SIT to probe alleged destruction of evidence and allegations to hush up and downplay the incident, based on a claim by the victim’s parents. The Bench directed the SIT to examine the family’s allegations and submit its report before the court by June 25. The team was led by the CBI’s Joint Director (Eastern Zone), while the other two members of the team will be decided within 48 hours of the court’s order.