RG Kar vandalism shows absolute failure of state machinery: Cal HC
Times of India | 17 August 2024
Kolkata: Calcutta High Court on Friday said Kolkata Police's failure to prevent the vandalism at RG Kar Hospital after midnight on Thursday was an "absolute failure of state machinery". That police intelligence-gathering did not have any prior information was hard to believe, it said.
It was a "sorry state of affairs" that the cops could not even protect their own men, the court observed, indicating "law and order" had "failed".
The tongue-lashing came from Chief Justice T S Sivagnanam, after Amitesh Banerjee, senior standing counsel of state govt, told the bench of the CJ and Justice Hiranmay Bhattacharyya that a 7,000-strong mob, which had gathered in front of the medical college and hospital, had broken barricades and ransacked the emergency section.
"It is hard to believe that state police intelligence did not have prior information, when the police had allowed 7,000 people to gather," the CJ observed. "They did not come walking. You should have cordoned off the entire area. It is an absolute failure of state machinery. Something should be done to instil confidence."
The CJ wondered why state govt had not enforced prohibitory orders around a kilometre of the hospital compound. "Rapid Action Force should have prevented people a kilometre ahead of the hospital. The protest appears to have been pre-planned," he said.
Sivagnanam elaborated on why he made the observation: "The force could not protect their own men. You say that police personnel were injured. It's a sorry state of affairs. It happened when the doctors and nurses were on an agitation. How do you expect the doctors to be in a position to act fearlessly?"
Later, when the state clarified that it was not the entire 7,000-strong mob, but some among them, who had entered the hospital, the CJ said: "There is a gross difference between 35-40 people and 7,000 people. If the police fail to control the mob, their members are injured, it means law and order has failed. That's it."TURNS HERE
Senior state counsel opposed submission by the victim's parents, who claimed that a portion of "place of occurrence" had been affected in demolition work undertaken earlier by the hospital authorities. "As of now, the place of occurrence is secure. It remains intact. The demolition work conducted was not near the place of occurrence" the government pleader said.
The CJ then asked why there was so much "urgency" in taking up the demolition work. When state counsel replied that it had been undertaken to build a restroom for women doctors, the CJ asked him to find out whether district hospitals had restrooms and other facilities for women doctors.
"I take your word that the place of occurrence remains intact," the CJ said. "Let the authorities and the person in the hospital submit a report with photographs before the next hearing date. The report should include the true state of affairs and all matters relating to the hospital. Police should place on record the sequence of events that led to the incident."
The bench also directed CBI, which is now in charge of the probe, to visit the spot and make an assessment to proceed with the investigation, if the agency deemed it necessary.
Calcutta High Court on Friday held that the failure of the police to prevent the vandalism at R.G. Kar Hospital on the midnight of August 14 was an "absolute failure of state machinery."Chief Justice T.S. Sivagnanam made the observation after senior standing counsel of the state government Amitesh Banerjee submitted to the division bench that a 7,000 strong mob that had gathered in front of the hospital on the fateful night broke barricades and ransacked the emergency section of the hospital."It is hard to believe that the state police intelligence didn't have prior information when police had allowed 7000 people to gather. They didn't come walking. You should have cordoned off the entire area. It is an absolute failure of state machinery. Something should be done to instill confidence," the Chief Justice observed.The Chief Justice wondered why the state didn't enforce prohibition orders around one kilometre of the R.G. Kar Hospital compound. "The Rapid Action Force (RAF) should have prevented people one kilometre ahead of the hospital. Prima facie it appears to be pre-planned," the Chief Justice held. The Chief Justice then elaborated on why he made the observation. "And the force could not protect their own men. You say that police personnel were injured. It's a sorry state of affairs. It happened when the doctors and nurses were on agitation. How do you expect that the doctors will be in a position to act fearlessly?" the Chief Justice observed.Later, when the state clarified that not the 7,000-strong mob, but some among them entered the hospital, the Chief Justice said: "There is a gross difference between 35-40 people and 7,000 people. If the police fail to control the mob, their members are injured, it means law and order has failed. That's it."Senior standing counsel Amitesh Banerjee vehemently opposed submission by counsel for parents of the victim claiming that a portion of "place of occurrence" had been affected in the demolition work undertaken earlier by the hospital authorities."As of now the place of occurrence is secure. It remains intact. The demolition work conducted was not near the place of occurrence" the government pleader said."What was the urgency (in taking up the demolition work)?" the CJ said.The government pleader submitted that it was undertaken to build a restroom for the lady doctors. The CJ asked the government pleader to find out if district hospitals had restrooms and other facilities for lady doctors."I take your word that the place of occurrence remains intact. Let the authorities and the person in the hospital submit a report with photographs before the next hearing date. The report should include the true state of affairs and all matters relating to the hospital. Police should place on record the sequence of events that led to the incident," the CJ said.The division bench of Chief Justice T.S. Sivagnanam and Justice Hiranmay Bhattacharyya also directed the CBI, conducting the probe now, to visit the spot and make assessment to proceed with the investigation, if the agency deemed it necessary.Recalling the court's observations in the case the other day, the Chief Justice said that the court had held that doctors had a "pious obligation" of treating patients who come to government hospitals for treatment. "However, the incident on August 14 would definitely have an impact on the mindset of doctors," the Chief Justice said.Ends