RG Kar Case : Calcutta High Court Allows Parents’ Petition for New CBI Probe

Fresh update in RGKar Case

The high court on Thursday allowed the parents of the young doctor raped and murdered at RG Kar Medical College and Hospital to move a petition seeking a fresh CBI probe into the case.

The Supreme Court on Monday had allowed the parents to pursue in Calcutta High Court their plea for further CBI investigation into the alleged larger conspiracy in the crime.

Justice Tirthankar Ghosh of the high court said on Thursday: “File the case and serve copies to the respondents (the CBI and the state). The case will be heard on Monday.”

Appearing on behalf of the parents, a senior lawyer moved Justice Ghosh’s court. “My clients had first moved this court, seeking a fresh probe. Since the apex court of the country has been hearing the case suo-motu, this court declined to hear it and advised my clients to seek clarification from the division bench (of Calcutta High Court) about whether this court could hear it. My clients then approached the division bench headed by the chief justice of this court,” the lawyer said.

“The division bench advised my client to seek formal permission (from the Supreme Court) so the high court could hear their case. Accordingly, my clients approached the Supreme Court. The apex court said this court can hear my client’s case. Now, please give my clients the liberty to file a formal petition,” the lawyer said in court.

On August 9, 2024, the 31-year-old postgraduate trainee was found dead in a seminar hall in the emergency building of RG Kar hospital.

The apex court had taken suo motu cognizance of the crime and passed a series of directions since August 2024.

Sanjay Roy, who was working as a civic volunteer with Kolkata Police when the doctor was raped and murdered, was arrested by Kolkata Police on August 10.

On August 23, Calcutta High Court transferred the probe to the CBI.

The brutal crime had led to weeks of cease-work and a hunger strike by junior doctors; a Reclaim the Night movement by women seeking freedom from fear and harassment; allegations of a larger conspiracy behind the rape and murder and multiple assailants; charges of a cover-up against the hospital authorities and the state government; and claims of a “threat culture” in hospitals.

The court pronounced Roy guilty on January 18 and sentenced him to life imprisonment on January 20. The court found him guilty on three counts — murder, rape, and causing death or a persistent vegetative state to a woman.

The CBI has said its probe into the crime is ongoing and that there could be a supplementary chargesheet implicating others in the crime. But that hasn’t come yet.

In the Supreme Court on Monday, a bench headed by Chief Justice Sanjiv Khanna passed the directions while disposing of an application filed by the parents.

The parents had sought clarification from the apex court whether a single-judge bench of the high court could hear their petition for further probe into the alleged role of more suspects.

Here is the legal discussion which happened

Appearing for the parents on Monday, advocate Karuna Nundy had told the bench, also comprising Justice Sanjay Kumar and Justice Joymalya Bagchi, that such a clarification was needed in view of the high court judge’s request.

“We are not saying anything… We are simply permitting the single judge to continue. We are not saying whether the investigations should continue or not…,” CJI Khanna told the counsel.

“We dispose of the application with the observation that the applicant is at liberty to pursue the proceeding before the high court,” the judge said.

On January 29, the parents of the slain doctor had withdrawn another application filed by them in the Supreme Court in which they had sought fresh investigations into the crime. According to them, there seemed to be more accused persons involved and vital evidence had been tampered with.

The application was withdrawn after the apex court noted that certain statements had been made by the petitioners in an affidavit but a trial court had already convicted Roy, the sole accused.