RG Kar doctor rape-murder case: SC refuses to transfer trial outside West Bengal

Senior advocate Kapil Sibal, representing the state government, conveyed West Bengal’s commitment to a speedy trial.

Junior doctors raise slogans during a torch rally in protest against the alleged rape and murder of a woman medic at the RG Kar Medical College and Hospital in Kolkata. (PTI Photo)

The Supreme Court on Thursday turned down a plea to consider transferring the trial in the rape and murder case of a junior doctor at RG Kar Medical College and Hospital in Kolkata, to another state, affirming that the trial will proceed in West Bengal. The case, concerning the brutal August 9 crime, has drawn significant attention and concerns over ensuring a fair and swift trial.

The request to shift the trial outside West Bengal was made during a hearing before a bench comprising Chief Justice of India Dhananjaya Y Chandrachud and justices JB Pardiwala and Manoj Misra.

Some advocates appearing in the suo motu case urged the transfer, citing “disturbing circumstances” in the state. Responding to these concerns, the bench acknowledged that the court has moved cases in exceptional situations, such as the Manipur unrest, but clarified, “No such transfer here. We are not doing anything like that.”

Senior advocate Kapil Sibal, representing the state government, conveyed West Bengal’s commitment to a speedy trial. Sibal underscored the state’s readiness to ensure accountability, stating, “We are very keen that the case is expedited. The state wants to ensure that those responsible are punished quickly.”

The court also addressed remarks by a counsel who suggested that public faith in the state’s judiciary and police had waned, prompting the CJI to caution against broad generalisations. “Do not talk about people…who are you appearing for? Do not make such general statements,” he remarked, dismissing such observations as “canteen gossip” unfit for courtroom proceedings.

During the proceedings, the Central Bureau of Investigation (CBI) presented an updated status report, informing the court that charges were framed against the accused, Sanjay Roy, by the additional sessions judge in Sealdah on November 4. The trial is set to move forward on November 11 with the prosecution presenting its opening evidence. Roy, a Kolkata Police civic volunteer, has been charged with raping and murdering the 31-year-old junior doctor.

Questions regarding the adequacy of the CBI investigation were also raised, with some advocates alleging that the agency merely endorsed the findings of the state police. Addressing these concerns, the bench pointed out that the trial judge possesses the authority to order further investigation if needed, and assured that the Supreme Court would not interfere with the trial court’s jurisdiction.

In related developments, the National Task Force (NTF), constituted by the Supreme Court to propose measures for the safety of medical professionals, submitted its recommendations. The court directed that a copy of the NTF report be shared with all the parties in the matter and chief secretaries of all states and Union territories to consider the court orders required for implementation of enhanced safety protocols for healthcare professionals.

Presented to the court by advocate Kanu Agrawal, the report by NTF — a nine-member panel comprising eminent doctors and health care administrators tasked with formulating effective recommendations to remedy the issues of concern pertaining to the safety, working conditions and well-being of medical professionals, has made a slew of recommendations under two broad heads — prevention of violence and safe working conditions for medical professionals and prevention of sexual violence against medical professionals.

Senior counsel Indira Jaising and Karuna Nundy, representing groups of doctors from Kolkata, emphasised that doctors ought to go through the NTF report to be able to make suitable suggestions.

The suo motu proceedings initiated by the top court in August spotlighted the security and accountability concerns within Bengal’s civic volunteer program, particularly in light of the violent incident at RG Kar Medical College and Hospital, where the tragic death of the young doctor ignited calls for systemic changes in the state’s approach to securing its institutions.

Roy was arrested by the city police a day after the crime and has been charge-sheeted by the CBI, which took over the probe on the orders of the Calcutta high court. The incident has stirred massive protests across the state, with medical professionals demanding better security in the government-run health care facilities.

The widespread protests shook the healthcare community and sparked public outrage. Thousands of doctors, students, and healthcare workers rallied in major cities, demanding stronger security measures in government-run medical facilities. These demonstrations reflected mounting concerns over safety, as many pointed out that public hospitals lacked adequate security to protect staff, especially those working late hours. The healthcare sector voiced a unified call for reform, urging the government to prioritize the safety of medical professionals who frequently face risks in the line of duty.

Junior doctors led a strike in West Bengal that lasted over three weeks, severely affecting healthcare services across the state. Intervention by the Supreme Court, which appealed for a swift resolution, as well as multiple meetings with chief minister Mamata Banerjee, ultimately led to a breakthrough. The CM’s assurances to improve security protocols and her outreach to the protesting doctors were instrumental in restoring order. Following these promises, the doctors returned to work.

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