After a Supreme Court order in the R G Kar case regarding further investigation post a petition moved by the victim’s parents, the hearing by the Calcutta High Court began on Monday, with a single bench of Justice Tirthankar Ghosh ordering the CBI to submit the case diary.
The CBI was also ordered to ascertain to the court whether the rape was a gang rape, and submit a status report on the investigation. The matter will be heard next on March 4.
Senior counsel Sudipto Moitra, representing the victim’s parents, had submitted to the bench: “Let there be further investigation monitored by the court, and a special investigating team (SIT) constituted of the CBI, led by someone of the post of assistant superintendent. “
The senior counsel further submitted, “Recently, we have seen that nurses and security guards have been summoned and questioned by the CBI. Why is the CBI dilly-dallying this case? The CCTV visuals should be secured. Also the hospital superintendent who had called the parents to inform them that their daughter was unwell has not yet been examined . We would like for a status report to be filed.”
Deputy Solicitor General Rajdeep Majumdar submitted, “The investigation is being conducted by a special investigative team.”
The court, after hearing both sides, asked the CBI , “Are you ready today? We have several questions. Satisfy me firstly, whether at any point of time the CBI wanted to investigate the case under BNS Section 70 (where a woman is raped by one or more persons constituting a group or acting in furtherance of a common intention). If so, then who were the suspects? Already one accused is convicted, whether (the crime was by a) sole accused or it was a gang rape.”
“What further investigation are you doing? You submitted the chargesheet long ago; after that, what investigation has taken place?” the bench asked.
Meanwhile, senior counsel Kalyan Banerjee representing the State submitted, “The state has no objection to further investigation, but does the law permit it? Is it allowed after the conclusion of trial?… The parents have moved the Calcutta High Court and not the court of the trial.”
Counsel Kaushik Gupta of the state’s legal cell representing convict Sanjoy Roy submitted, “Will the convict be a party to this investigation… if new evidence comes up that shows that he is not involved?”
Hitting out at the CBI for seeking time, counsel Kalyan Banerjee said, “The trial court has concluded the matter. We will try to help the court. CBI is in the matter for one year. What are they doing? The people and the nation want to know.”
Speaking to The Indian Express, the victim’s father said, “We have full faith in the court… Our fight is on and it will be a long fight. The state on one hand is saying they have no problem with further investigation, on the other hand, they are trying to stop it from the legal side. Their stand is the same as it was on August 9, 2024: to cover up the entire matter.”
Her mother told this newspaper, “It is a very long fight for justice, this is just the beginning. I feel my daughter was murdered because she wanted to bring out the financial scams (of R G Kar Medical College and Hospital). There were several other illegal activities going on. She wanted to make those public, so they murdered her. I don’t believe only one person was involved, many more powerful persons are also involved.”
Shamim Ahmed, advocate for the victim’s family, said to The Indian Express, “The state does not want further investigation to happen in this case. They are saying that they have no problem with further investigation, but they are showing that law does not permit it. This means that they want the case to end.”
Last week, the Supreme Court had allowed the victim’s parents to move the Calcutta High Court their petition for further investigation into the rape and murder of a trainee doctor at R G Kar on August 9 last year.
A bench of Chief Justice of India (CJI) Sanjiv Khanna and Justices Sanjay Kumar and Joymalya Bagchi in its order said, “We dispose of the application, observing the applicant is at liberty to pursue the writ petition before the HC. We, however, do not express any opinion on what order the HC may pass.”