Kolkata Rape-Murder Case: Doctors Slam 'Mishandling of Probe, Improper Probe'

The protesting doctors at RG Kar Hospital allege that the administration tried to obstruct the probe into the case.

"She was a determined doctor who was excited about her job and was proud of her achievements," Rohan (name changed on request), a doctor at RG Kar Hospital, tells the Quint.

In the wee hours of Friday, 9 August, a 31-year-old postgraduate trainee doctor at Kolkata's RG Kar Medical College and Hospital was raped and murdered while on duty.

Her body was found in the morning in the seminar hall of the pulmonology department where she had allegedly gone to take a quick nap during her 36-hour long shift.

Though not a close friend, Rohan had occasionally worked alongside the deceased. "Her death has left us all shocked, but the mishandling of justice is what has enraged us," he says.

The incident has since sparked a nationwide doctors' strike with medicos from all over the country joining in, demanding better safety protocols for doctors. Even as one of the doctors' bodies, the Federation of Resident Doctors' Association, called off the agitation on 13 August, other organisations, including resident doctors' association of the All India Institute of Medical Sciences (AIIMS) in Delhi, continued the strike on the fifth day.

Speaking to the Quint, doctors and students from RG Kar Medical College and Hospital, who have been on strike since the incident surfaced, say what they want is the truth.

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'Scapegoat Arrest, Case Mishandled'

The victim's parents were initially informed by the hospital administration that their daughter was unwell, and then reportedly told that she had died by suicide.

The autopsy report, however, showed clear signs of physical violence that rule suicide out. The police only registered it as a case of rape and murder following public outrage later in the day, on 9 August.

"He (Dr Sandip Ghosh, principal of the government-run medical college) dismissed it as suicide. Any questions from students on how he could say that before any investigation was done were shut down," a doctor at RG Kar Hospital told the Quint on condition of anonymity.

"He also tried to shirk all responsibility and made insensitive remarks like, 'Why was the lady doctor roaming around alone at night?'. She was on duty, it was so unfair," he added.

Sanjay Roy, a civic volunteer at the hospital, was arrested by the Kolkata Police on the night of 9 August and booked under sections 64 (rape) and 103/1 (murder) of the Bhartiya Nyay Sanhita (BNS).

Roy, described in local media as a vagrant with a history of crime and a penchant for violent pornography, and even an affiliation to the local police, was allegedly caught on CCTV on the premises around the time the brutal attack was likely committed.

The deceased's family as well as protesting doctors at the hospital believe there's more to it.

Her parents filed a plea with the Kolkata High Court to transfer the case investigation from the state police to an independent agency, claiming that the police was 'trying to make a scapegoat out of the accused in an attempt to cover up the real facts,' according to LiveLaw.

In the afternoon of Tuesday, 13 August, the Kolkata High Court directed the case to be transferred to the Central Bureau of Investigation (CBI). The court also noted serious lapses on the part of the hospital administration as well as Dr Sandip Ghosh in their response after the doctor was found dead.

"When the deceased was a doctor in the same hospital, it is surprising why the principal did not lodge a complaint...Without significant progress in the investigation, we would be well justified in accepting the prayers by the victim's parents that evidence would be destroyed. Therefore, we transfer the investigation to the CBI to do justice between parties and to inspire public confidence."

Kolkata High Court Division Bench quoted by LiveLaw

The Principal, Hospital Obstructed Investigation, Say Doctors

While Ghosh resigned from his post of principal of the medical college on 12 August following significant public pressure, instead of accepting his resignation, he was transferred to another government medical college in the city, Calcutta National Medical College, to serve as principal.

"We want that he shouldn't be considered for any administrative role in any government medical body," an MBBS student at RG Kar hospital tells the Quint.

The student alleged that Dr Ghosh had a history of tension with students. He had allegedly been transferred out of the hospital twice before but was reinstated within hours.

"...the students don't trust him," adds Dr Sarasij Roy, a resident at RG Kar Hospital.

Students also allege a gap in security at the hospital, saying, while there is one functional CCTV camera at the department of respiratory medicine (where the victim was posted), there is none in and around the seminar hall where the victim was attacked.

According to the police, people who were seen on the CCTV footage are being questioned.

The Quint reached out to both the Dean of students' affairs and the MSVP (Medical Superintendent cum Vice-Principal) of RG Kar Medical college via email with a detailed list of allegations made by the students against the hospital. The Quint has also reached out to Dr Ghosh. The story shall be updated as and when they respond.

'We Want Justice'

Speaking to the Quint, another resident doctor at RG Kar Hospital says that there have been many gaps in this case from the beginning.

"The students and doctors here don't trust the RG Kar hospital administration or the police. There have been constant attempts to suppress and tamper with evidence. The aim of the hospital from the beginning seems to be to mislead the investigation," he says, alleging that the hospital administration has been hostile to any kind of agitation and pushback by the students.

"If we speak out or raise questions or protest, they threaten to fail us or take action," the protesting student says.

"It could be him, or it might not be him (Sanjay Roy), there could be other perpetrators involved, it could also be a premeditated attack – the point is we won't know until a fair and thorough investigation is carried out," he adds.

While the Kolkata High Court's verdict is a win for the protesting doctors, there is a looming fear that it may well be too late for a fresh investigation. During the plea hearing the victim's counsel told the bench that they fear that valuable evidence may already have been lost.

The nationwide doctors' strike, on the other hand, will continue. "This was just one point. There are other important demands that are yet to be fulfilled," says Rohan.

The list of demands spearheaded by the Pan West Bengal General Body Meeting includes,

• Immediate judicial inquiry of the case.

• Relevant CCTV footage and evidence to be shared with nominated representatives.

• Resignation of higher authorities other than the principal (the MSVP, Dean of students' affairs, HOD of respiratory medicine).

• Financial compensation to the parents.

• Ensure adequate workplace security measures in all medical colleges and health facilities with immediate effect.

The National Medical Commission, on Tuesday, issued an advisory to all medical colleges in India to develop a policy for a safe work environment within the campus for all staff members. All sensitive areas should be covered by CCTV for monitoring and adequate security staff (both men and women) should be deployed, read the statement.

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