The Calcutta High Court on Wednesday ordered Kolkata Police to reinvestigate the circumstances leading to the mother of the victim of the RG Kar rape-murder case allegedly getting injured during a protest in Kolkata last month.

Calling it a “sensitive case”, Justice Tirthankar Ghosh directed the Kolkata Police commissioner to depute a deputy commissioner of police (DCP) rank officer to consider “certain possibilities” linked to the August 9 incident near the state secretariat.

The parents of the RK rape-murder victim had moved the High Court after the Kolkata Police closed the investigation into the incident, stating that there was no primary evidence for any inquiry.

During the hearing, Justice Tirthankar Ghosh observed, “As per the medical report, she had a mild head injury, mild frontal swelling and bruising in the head… Three things are possible for the injury – it may be by the instance of the crowd, may be by the police authorities, or may be that she fell on the ground.”

Stating that the police report did not arrive at any conclusion, the single bench stated that during the fresh probe, the DCP “will take into account all medical documents and assess if a cognizable or non-cognizable offence is made out.”

“The Commissioner of Kolkata Police will be at liberty to take necessary steps and arrive at a logical conclusion,” Justice Ghosh added.
During the hearing, the state’s counsel said the police probe was conducted as per the medico-legal reports available and argued that the parents of the RG Kar victim did not follow the route provided by the police.

“ I am not asking to suspend or arrest anybody. I am asking for another inquiry. This is a cryptic inquiry report. The officer could have asked if another medical assessment was required or not,” the judge said.

On August 9, this year, on the first anniversary of the RK Kar rape-murder incident, the parents of the victim junior doctor had organised a protest march to Nabanna, the state secretariat. During the protest march, the parents alleged that police assaulted them, and the mother received injuries and was kept under observation in a private hospital.

The victim’s father had alleged that they were subjected to harassment as police refused to register an FIR. He had complained to Kolkata Police Commissioner Manoj Verma through an email.

Later, Joint Commissioner of Police (Headquarters) Miraj Khalid held a press conference and said that they did not find any evidence of police beating. The police also said that if anyone had evidence of police assault, they should cooperate with the authorities.

The rape and murder trial continues at a Sealdah court.

In January, the Additional District and Sessions Court in Sealdah convicted civic volunteer Sanjoy Roy of rape and murder in the R G Kar case, and sentenced him to life imprisonment days later.

The Central Bureau of Investigation (CBI), which has continued to probe the case, submitted its fifth status report before the Sealdah court on July 16, stating that seven witnesses have been examined. The CBI also submitted that it has scanned 32 terabytes of CCTV footage as part of its investigation.

The CBI has also moved the Calcutta High Court, challenging the lower court’s order, and has sought capital punishment. Meanwhile, Roy has also moved the High Court, seeking acquittal in the rape-murder case. Both matters are likely to be heard this month.

The Sealdah court is also hearing a case against former R G Kar principal Sandip Ghosh and the then officer in-charge of Tala police station, Abhijit Mondol, who were arrested on September 14 last year on charges of tampering with evidence in the rape-murder case.

In December last year, the lower court granted bail to Ghosh and Mondol after the CBI failed to submit a chargesheet within the stipulated 90 days. Ghosh remains in jail in connection with a financial irregularities case involving the hospital.