Kolkata, 13 Aug

The Calcutta High Court on Tuesday asked why a murder case was not registered at the outset and an unnatural death case was initiated into the alleged rape and killing of a woman doctor at state-run RG Kar Medical College and Hospital here.

Chief Justice TS Sivagnanam put forth the question to the West Bengal government lawyer when he claimed that an unnatural death case was registered, as there was no immediate complaint of murder.

The division bench presided by the Chief Justice said the body of the postgraduate trainee was not found on the roadside, and the superintendent or the principal of the hospital could have filed the complaint.

The body of the doctor, who was allegedly raped and murdered inside a seminar hall of the RG Kar hospital, was found on Friday morning. A civic volunteer was arrested in this connection on Saturday. The parents of the postgraduate trainee had moved the HC, seeking a court-monitored investigation in the case. A number of other PILs were also filed that sought a CBI probe into it.

Hearing the petitions, the division bench also observed that "something is missing" in the probe, and asked whether the then principal of the medical college, Sandip Ghosh’s statement was recorded, to which the state lawyer answered in the negative.

Questioning how the principal of RG Kar hospital, who submitted his resignation, was reinstated as principal of Calcutta National Medical College and Hospital within hours, the bench, also comprising Justice Hiranmay Bhattacharyya, asked his counsel to produce both the resignation letter and the subsequent appointment letter.

The high court told Ghosh's lawyer to ask him to go on a long leave by 3pm, failing which it will pass appropriate orders. The Chief Justice also said the murder was so gruesome that the doctors and interns were justified in venting their anguish.

Junior doctors and interns across West Bengal continued their ceasework on Tuesday, protesting against the incident and demanding adequate protection to hospital staff. The high court said the state should hold a dialogue with the agitating doctors.

Meanwhile, the state’s lawyer claimed that a transparent probe is being conducted into the case by the Kolkata Police. On a question by the court to the state as to how it will ensure that evidence is not destroyed as was alleged by some lawyers of the petitioners, the government counsel said that the probe is being headed by a DCP rank officer under the supervision of an additional commissioner (I) of Kolkata Police.

On a direction by the bench, the West Bengal government produced the case diary at 1pm. The court then adjourned hearing in the matter till 3pm.