Kolkata rape-murder case: Supreme Court refuses to transfer trial outside West Bengal

The Supreme Court on Thursday declined to transfer the trial in the RG Kar hospital rape-murder case out of the West Bengal, saying the court will not be casting doubts on the judicial system.

A bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra, noted more than two months after the body of a woman medic was discovered at RG Kar Medical College and Hospital, the trial court had on Monday framed charges against the prime accused, Sanjay Roy.

In its initial charge-sheet submitted last month, the CBI identified Roy as the "sole prime accused" in the case.

During the hearing on Thursday, a counsel contended that in the 90 days of investigation, the investigation agency has done nothing, and they have just endorsed the version of the state police.

On this, the bench said the trial judge has sufficient powers to order for another investigation if he feels it necessary after he sees the evidence, he has ample powers.

Another counsel contended that the trial is about to commence and the trial may be shifted out of West Bengal keeping in view disturbing circumstances in the case and there are precedents to move the trial out of a state.

"We know that there are precedents and the court has shifted some trials out of Manipur to Assam. Here we are not doing it, let the trial continue before (the judge)...Otherwise, we will be casting doubts on our own judicial system,” the bench said.

Senior advocate Rakesh Dwivedi, representing the West Bengal government, submitted that there is an attempt to stall the trial.

“The status report submitted by CBI has extensively referred to the investigation into the financial irregularities…we do not want to flag an issue that might possibly dislocate the investigation. Be rest assured that CBI is looking into financial irregularities also,” the bench told a counsel, who raised the issue of financial irregularities involved in the case.

The bench also made it clear that the court is not shifting the trial out of West Bengal.

“Let the trial start and let the trial proceed,” the bench said, to a contention by a counsel that charge has to be reframed at some stage.

Advocate Vrinda Grover, appearing for the victim's family, contended that an order has been passed for recording of prosecution evidence on a day-to-day basis from November 11.

The bench said it would not stop it all.

“When the supplementary chargesheet will be filed, if required there is power to amend the charge that is the power under BNSS, which will be exercised, if required,” Grover said.

Another counsel submitted that the people of West Bengal have lost faith in the judiciary and police of the state.

Reprimanding the lawyer, the bench said, "Do not talk about people, who are you appearing for? Do not make such general statements. Canteen gossip happening in court!"

During the hearing, Union government said an interim report has been submitted by the national task force, set up by it to suggest a protocol for doctor's safety.

The court directed the interim report of the NTF which has its recommendations on prevention of violations against medical professionals and safe working conditions among others to be shared with all counsels and the Chief Secretaries of States and UTs.