Supreme Court refuses to transfer RG Kar rape and murder case trial out of West Bengal

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The Supreme Court Thursday rejected a supplication to transportation the proceedings successful the August 9 rape and execution of a inferior doc astatine Kolkata’s R G Kar Medical College and Hospital retired of West Bengal, saying “we volition beryllium casting doubts connected the legitimacy of our ain judicial system”.

The remarks by Chief Justice of India D Y Chandarchud came erstwhile a counsel urged the three-judge seat to nonstop the transportation of the proceedings retired of the authorities keeping successful caput the disturbing features successful the R G Kar rape and execution lawsuit from time 1. The counsel besides pointed retired that determination are precedents to the proceedings being shifted retired of states successful galore cases.

“I know. There are precedents. We person shifted immoderate trials retired of Manipur for lawsuit to Assam. Here we are not doing it. Let the proceedings proceed earlier the Additional Sessions Judge. Otherwise, we volition beryllium casting doubts connected the legitimacy of our ain judicial system,” CJI Chandarchud said portion presiding implicit the seat besides comprising Justices J B Pardiwala and Manoj Misra.

Appearing for the West Bengal Government, Senior Advocate Rakesh Dwivedi opposed the petition saying, “There is an effort to telephone the trial.”

Senior Advocate Kapil Sibal, besides appearing for the state, said, “We are precise keen that this lawsuit beryllium taken guardant precise quickly…That’s precise important. The authorities believes that the idiosyncratic who is progressive should beryllium punished arsenic rapidly arsenic possible.”

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The seat besides perused the recommendations submitted by the National Task Force (NTF), which was constituted to “formulate effectual recommendations to remedy the issues of interest pertaining to safety, moving conditions and well-being of aesculapian professionals and different cognate matters”.

The tribunal pointed retired that NTF has formulated its proposal successful 2 categories — prevention of unit against aesculapian professionals and providing harmless moving conditions, and prevention of intersexual unit against aesculapian professionals. “For the intent of implementation, the recommendations successful class 1 person been classified into those which tin beryllium implemented successful the abbreviated term, mean term, and agelong term,” the tribunal said. “NTF has suggested that each the measures should beryllium adopted and implemented by each healthcare institutions arsenic good arsenic states/Union Territories,” added the court.

To contented directions for compliance with NTF’s recommendations by each agencies and states, the tribunal directed that a transcript of the study beryllium made disposable to each the counsel appearing successful the matter. “The study should besides beryllium supplied to the main secretaries of each states/UTs. In the lawsuit that immoderate state/UT intends to marque immoderate submissions successful respect to the recommendations, sift copies of little notes of submissions whitethorn beryllium filed…within a play of 3 weeks”, the seat said.

CJI Chandrachud said the recommendations are broad and volition inquire the states to commencement implementing them.

Meanwhile, the Central Bureau of Investigation (CBI), which is probing the August 9, 2024, rape and execution of a inferior doc astatine the R G Kar Medical College and Hospital, informed the seat of its caller presumption report. “The Additional Sessions Judge, First Court, Sealdah, Kolkata has framed charges punishable nether sections 64, 66, and 103 (1) of the BNS, 2023, against the accused, Sanjay Roy. The adjacent day of proceeding has been fixed connected November 11, 2024,” said the agency.

Taking note, the seat said successful the bid that “it’s not due to marque immoderate elaborate notation to the quality of the probe which is being carried retired astatine present” since the probe successful respect of different aspects is continuing. The seat asked CBI to “keep this tribunal advised of the further presumption of the probe and the transgression case, by the adjacent authorities of proceeding aft a play of 4 weeks.”

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