The Kolkata Police Civic Volunteer, Sanjay Rai Found Guilty In R. G. Kar Hospital Murder and Rape Case. Sentenced To Life Imprisonment Until Death. The final part of the investigation and how it had led to the first verdict in the R. G. Kar Hospital murder and rape case of the second-year PGT lady doctor and the remaining corners in the investigation that were still left unanswered.
In due course of investigation it was becoming clear that a team of junior and senior doctors having close proximity to Sandip Ghosh was actively involved in the destructions of evidence on 9 August. Previously all the mobile phones of the junior and senior doctors, nurse, security guards and sweepers who were on duty on the night of 8 - 9 August, 2024, had been confiscated. Thorough examination of those phones had provided the details of all those persons they had talked to throughout 8 and 9 August. Also details of their locations on those two days came in CBI's hands. Moreover, after talking to some doctor friends of the lady doctor, CBI came to know that the lady doctor had expressed her strong dismay at some junior doctors ' securing higher marks in the examination without even attending classes. Those doctors actually belonged to Sandip Ghosh's racket. Through complaining at various levels about the hospital's corrupt examination system the lady doctor had developed a strong enmity with Sandip's group of junior doctors.
Interestingly in the morning of 9 August, 2024, much before the arrival of Sandip Ghosh, a team of junior and senior doctors had reached the chest medicine department adjacent seminar room. And they stayed in that room all day long. What was the reason behind those spontaneous activities ? The investigating officers were searching for that answer. Moreover these doctors had prevented some doctor friends of the lady doctor from staying near to her body in the seminar room. Also during the inquest and post mortem, few junior and senior doctors were seen managing those situations authoritatively. They were also suspected to belong to Sandip Ghosh's secret team. When they were identified and asked about the reasons behind their long presence and domineering activity in the seminar room on 9 August, they couldn't give any satisfactory answer . According to a CBI officer, " lot of suspicions are arising from the contradictory versions of those junior and senior doctors. These doctors need to be interrogated furthermore. Maybe that will lead to some meaningful clues."
Five Continents United In One Protest
Under the vanilla sky it was drizzling. And amid that they had gathered with guitar and poster in hands with the slogan written on it, " The world roars / Justice for R. G. Kar". That was the picture of Stockholm in Sweden on 29 September. In Melbourne, Australia, children had come to protest wearing white dresses with their parents. Some had teddy bears in hands. The adults were crying out for justice. Almost on the same hour the Bengalis of Wellington, New Zealand were in demand for justice. In Germany protests had taken place in Frankfurt and Manheim where devi Durga was painted on the festoon. Somewhere the poster carried the slogan " Tilottama The Name Of An Uproar". Even the non Indian community of Germany had also taken part in this protest alongside the Indians.
Ignoring heavy downpour the people in New York continued their protests through 28 and 29 September. Protest meeting held in San Diego too. Neighbour country Canada had witnessed the protest in Ontario with posters. In Africa, Tanzania , a handful of Bengalis came on the road with posters in hand at Singida town.
Seven accused doctors related to the rape and murder case and the financial scams of the R. G. Kar Medical College and Hospital were still moving freely inside the hospital. Few of them were even members of the West Bengal Medical Council, complained the counsel for the junior doctors, Indira Jaisingh at the last Supreme Court hearing on 30 September. In response the CJI D. Y. Chandrachud said CBI had also submitted a list of seven names in their latest status report to the court. CBI could inform these names to the West Bengal government. The State government would take necessary steps against those accused as per their rules. The CJI also warned the state government saying in future CBI could take over the investigation at any medical college of West Bengal running this kind of financial scams racket.
Indira Jaisingh also complained, on 9 August morning after receiving calls from Sandip Ghosh, few doctors went to the seminar room at R. G. Kar hospital. Those doctors should not be there because they were not on duty . Still they reached the seminar room even before the police. " The incident at R. G. Kar is not an ordinary case of rape and murder, " she said. Counsel Karuna Nandy on behalf of Joint Platforms of Doctors demanded, because of those accused doctors enjoying their powerful positions inside the hospital, the on - strike junior doctors couldn't resume their service. The threat culture was still on in that hospital.
After going through the development in the CBI status report the CJI said the lady doctor's injuries became extremely severe because she was wearing brace on her teeth and spectacles on her eyes. But how could a person have spectacles on her eyes while sleeping ? Was she really sleeping at that time of attack ? The Solicitor General Tushar Mehta said it might be that out of extreme fatigue she fell asleep wearing her spectacles. In Calcutta High Court the counsel Feroz Edulji said the lady doctor was not wearing the spectacles according to the police's seizure list. Rather her spectacles were found at a few distance from her body on the mattress. The next hearing falls on 14 October.
Yes, in the feudalistic dark age the way a renegade woman used to be killed in the broad delight through a sexually sadistic public torture, the renegade lady doctor was killed exactly in those manner in the morning hours of 9 August at an unknown corner of her work place that she considered her second home. Her body bore the brunt of a tremendous torture session by a group of sadistic people. And this was by no means the act of one person according to the official demand of investigating officers. Killing her was the prime objective of the executioners, suspected the CBI officers. And in order to camouflage the murder the following rape was carried forth.
Following some clues, left behind by the perpetrators while destroying the evidences , the investigators to a great extent had been successful in unfolding the actual series of incidents of those hours of 9 August. The hazy videography of the autopsy session was examined by forensic experts. And with that also after examining the forensic samples collected from the surrounding of the victim the actual truth had come out.
Apparently fifteen wounds had been discovered on the outer part of the body according to the CBI sources. After the dissection no serious wounds had been found at the inner part. And the inquest and the autopsy examination at the back of the victim 's body was completely avoided. In the absence of the second post mortem after examining the available photos of the autopsy session the involvement of more than one person had been suspected. According to the investigating source, in the beginning the lady doctor was thoroughly beaten in the manner of a public torture session. According to an investigating officer, " repeated attempts of strangulation had caused serious damages in her thyroid cartilage. Massive forces were applied in smothering the lady. After that the executioners had beaten the upper portion of her body severely that ultimately caused the bleeding from her mouth and eyes.
According to the sources, a blue blanket under the victim's body had provided some blood spots , after examining which, helpful clues had been found. Drops of blood from the hindsight of the victim's right ear were found on that towel. The question popped up, were all those blood oozed out from that ear only ? The incomplete inquest and autopsy report about the victim's back injuries had left this question in vain.
A strong possibility of repeated thrashing of the victim's head lied in front that might have caused those bloodshed on that blue towel. According to the investigating sources the chest medicine seminar room didn't pass as the crime scene in tandem with the nature of the victim's wounds. After following that kind of a long and violent physical assault session how come the victim's mobile, laptop at the back of her head, a torned page of her diary and her spectacles were in order ? Strong possibility of murdering the lady doctor somewhere else and brining her to the seminar room to mislead the investigation came to the front.
In a new twist, R. G. Kar hospital TMC leader and Sandip Ghosh's one of the closest associates Ashish Pandey who was found neck dip into the financial graft cases of the R. G.
Kar hospital was arrested on 3 October by CBI. He was asked to appear for an Interrogation session at the Nizam Palace where after long hours of questioning he was arrested on the charges of not co - operation and misleading the investigation. From 2021-2024 Ashish was deeply involved in illegal tendering, purchasing of counterfeit medicines and treatment material. Following the trails of the information, CBI gathered from Sandip Ghosh's laptop, CBI tracked down Ashish Pandey. Another vital point was, in the morning of 9 August Ashish Pandey was present at the seminar room. Sandip himself had called to Ashish to come to the hospital. On that day Ashish had rented a room in a Saltlake guest house. The very next morning he left the guest house. CBI had questioned Ashish Pandey several times in relation with the rape and murder of the lady doctor. He would be produced at the CBI special court on 4 October.
On 4 October, in a virtual hearing at the Sealdah Court, CBI had produced Sandip Ghosh and Abhijit Mondal. CBI said Sandip Ghosh actively participated to hide the rape and murder of the lady doctor. " The extraction of data of DVR and hard disc containing the CCTV footage of the Tala PS and mobile phones of both the accused persons had been received at CFSL, Kolkata and the same had been scrutinised. It was clear from a number of calls that the accused persons wanted to hush up the incident ," the CBI forwarding note to the court said. From October 1 till 3rd October a team of CBI officers met Sandip and Abhijit in jail for questioning. During those interrogations for long hours according to the officers, both Sandip and Abhijit were found to be " non - co - operative " and " gave evasive replies " during interrogation.
In that forwarding note CBI had also said, " That the investigation on the aspect of destruction / attempt to destruction of evidence and brushing up the matter of rape and murder into suicide is still going on in full swing and relevant witnesses are being examined . Further, an in - depth investigation is still being carried out to collect evidence on the aspect of abetment / conspiracy / harbouring the accused, Sanjay Rai , in the commission of this gruesome rape and murder, " said the forwarding note.
Senior officers also told that they were investigating whether someone claimed to be the Assistant Superintendent of R. G. Kar hospital called up the parents of the victim lady doctor and informed them that their daughter had committed suicide. The caller was also heard telling, that the senior hospital officials and police personnel were present at the spot or the crime scene, the investigating officers said. " It is vital to know who asked the caller to tell the parents that their daughter had committed suicide . The investigation is aimed at finding out who was behind the decision to pass off the murder as suicide, " said a senior CBI officer. Sandip Ghosh and Abhijit Mondal were in CBI custody.
On 4 October four police personnel including a lady police were questioned by CBI in relation to the rape and murder of the lady doctor. Interestingly on 9 August these four police personnel were present both at the R. G. Kar hospital and Tala PS. They were questioned regarding the destructions and tampering with the evidences after the horrible rape and murder. Some defects were found in the forensic report of the CCTV footage of the Tala Police Station. The interrogation was carried out regarding those new found loop holes. On the other hand in the forensic report of the CCTV footage of the R. G. Kar Hospital some disturbing points had come to the CBI observation. Were those footage tampered with at the time of collection or after the collection, were being investigated. Previously valuable inputs had been collected after interrogating some sub inspectors and an additional OC of the Tala PS .
Obeying the order of the court, the CBI questioned Sandip at the Presidency Correction Center on 5 October from afternoon till evening. But according to the CBI, Sandip didn't show any signs of co - operation with the investigating officers. On 3 October Ashish Pandey got arrested regarding financial graft cases. According to the evidences collected by CBI, Sandip had a very close nexus with Ashish in all kinds of financial crimes at R. G. Kar Hospital. Primarily from the confiscated documents and laptop of Sandip Ghosh, several proofs had been found about Sandip's close network with Ashish regarding the aforementioned financial irregularities regarding which Ashish was interrogated twice but on the ground of his non co - operation in the investigation he was arrested.
CBI sources demanded that through Ashish, Sandip Ghosh used to collect huge amount of money by leaking the question paper among the students at R. G. Kar Medical College. Sandip also used to pass or fail the medical students in the examination according to the recommendations of Ashish Pandey. Particular documents had been found by CBI regarding the money transactions between Sandip and Ashish . Lots of irregularities had been surfaced in the bank transactions of Sandip and Ashish. The statements of few junior doctors and few departmental managers had been recorded. It had come out that apart from Sandip, Ashish had close connections with other officials of the medical council.
First I Had Beaten Her Unconscious, Then I Raped Her: Sanjay Rai, Chargesheeted
In it's first chargesheet submitted on 7 October , in the torture, rape and murder case of the second year p.g.t. lady doctor at the R. G. Kar Hospital, CBI had mentioned Sanjay Rai as the only accused. Although the details of the chargesheet were not disclosed but according to the CBI sources Sanjay Rai saw the victim in the seminar room and jumped on her in an attempt to violate her chastity. But then the lady doctor vehemently resisted Sanjay's advances and an infuriated Sanjay started torturing her with a beastly aggression until she slipped into a vegetative state. Then looking at the lady doctor's condition Sanjay's necrophiliac entity took over him and he raped her like anything in that unconscious state. Till now the chargesheet didn't mention any possibility of gang rape but by the same token they were continuing their search for the clue about the possibility of other persons' involvement.
The FIR had invoked the Section 64 and 103(1) of the Bharatiya Nyay Sanhita that dealt with the rape and murder . The chargesheet also added Section 66 that dealt with raping the victim in a vegetative state for long hours. Sandip Ghosh and Abhijit Mondal would still be under investigation for their suspected abetment of the rape and murder and the destructions of evidence, post murder. "This is the first chargesheet in the rape and murder case. We will follow it up with the supplementary chargesheets over the next few months, " said a CBI source. The central agency said, CBI had come to the logical inference about Sanjay's involvement in the crime based on his forensic and DNA reports and analysing the statements of almost 125 people including police personnel, doctors and hospital staffs present at the hospital during the crime. The CBI had found injury cuts on Sanjay's right and left arms " upto his elbows" and an external injury on his right hip. According to an agitating doctor Debashis Halder, the 200 page chargesheet is only a preliminary chargesheet. The mentioned autopsy report in it said about injuries all over the victim's body and "haemorrhagic spots on the inner side of her epiglottis."
The chargesheet also mentioned about CBI's interrogation of Apurba Biswas, Rina Das and Molly Banerjee the three doctors who conducted the autopsy. It also contained the statement of the then DC North Abhishek Gupta who was in control of the Tala Police Station back then. Abhishek had been removed from the north circle since then. " The chargesheet mentions the statements made by the victim's parents that were recorded at different times during the investigation, " a CBI officer told, " There is a mention of the three different calls the parents had received from someone who identified herself as assistant superintendent of the medical college and hospital." The caller had said that the victim had committed suicide , one of the key points behind the charge that the hospital authority had tried to hush up the incident of rape and murder.
According to the first chargesheet of CBI the lady doctor died of asphyxiation or tremendous manual strangulation and terrible smothering . That lady who fought to survive till the end had finally given up to those forces out of unfathomable exhaustion and fatigue from persevering a long and terrible torture session. The interim report mentioned," as a combined effort of throttling ( manual strangulation) and smothering. The victim suffered "the forceful penetrative sexual assault" and the report of the swab collected from her body parts shows "the presence of the saliva belonging to Sanjay Rai as combined by DNA profiling report," the chargesheet said. According to the chargesheet, in the interim report prepared by the experts, it was written, the victim had died "12 to 18 hours prior to the conduction of autopsy . That meant the lady doctor died sometimes between midnight and 6 am on 8 - 9 August, when she was alone and, " .... remained in the seminar room alone for taking rest on the mattress kept in dais." The experts whom the chargesheet refer to are part of a multi institutional medical board (MIMB) that the Directorate General Of Health Services (DGHS) had formed after receiving a request from CBI at the time of their investigation in this case.
The chargesheet said the outer injuries found on the body of Sanjay Rai, "are blunt force injuries consistent with marks of resistance / struggle by the victim. The age of these injuries could be between 24 to 36 hours prior to examination." About Sanjay Rai the chargesheet said, "During his medico - legal examination, urethral swab and smear, nail clippings and scrapings were preserved and handed over to police. The chargesheet provided details of Sanjay Rai's family background along with his two certificates, from Bhawanipur Boxing Association and what he did on the night of August 8 with another civic volunteer , Sourav Bhattacharjee . "Both of them returned to R. G. Kar MCH&H at around 3:20 hours at 9 August while Sourav left immediately for his barrack , Sanjay Rai went to the first floor of the trauma care building to ascertain about the scheduled operation of Subho Dey. However he could not see anyone from the family of Subho Dey on first floor of trauma care building . Then he went to 4th floor of Emergency Building . There after he reached the 3rd floor of Emergency Building ( chest medicine department) at 4:03 hrs and entered Seminar Room where the victim was sleeping alone. Sanjay Rai committed the crime of rape and murder of victim .... and left the 3rd floor at 4:32 hrs." The chargesheet also mentioned the activities of the victim's colleagues who were present in the hospital when she went to take rest. It also described the details of the chain of events that followed in the aftermath of the discovery of the lady doctor's body. A copy of the chargesheet was given to Sanjay Rai who told at the court he was in no way involved in the matter and he didn't commit any crime.
More Names Behind The Destruction Of Evidence. CISF Report After Examining Sandip And Abhijit's Mobiles
On 18 October CBI had produced Sandip Ghosh and Abhijit Mondal at the Sealdah, Additional Chief Judicial Magistrate Court. The judge had ordered them to remain in jail custody till 4th November. Still Sandip and Abhijit didn't agree for the narco and polygraph tests respectively.
The investigating officer had submitted written information that after receiving the report of the forensic analysis of Sandip and Abhijit's mobiles at the Kolkata branch of Central Forensic Science Laboratory it was confirmed that both of them had tried to suppress the torture, murder and rape of the lady doctor. On the fateful day of 9th August Sandip and Abhijit had talked to eachother over phone several times. After analysing the call recordings and and videos of their phones it had come out that apart from Sandip and Abhijit, few other persons were also instrumental in the destructions of the evidences alongside them. CBI had already started questioning those persons. CBI had also demanded that "other influential" people had tried to pass off the gruesome torture, rape and murder as "suicide ". The Investigation in this regard had started in the deeper level.
In their appeal for Sandip and Abhijit's jail custody CBI said, " The two accused are extremely influential persons. Once they are released on bail they can abscond. In the rape and murder investigation the two accused are still trying to hide so many important information. They need to go through several interrogations. According to another CBI officer, "After getting the forensic results the petition had been filled at the court according to the BNS 187(2) Act and Sandip Ghosh and Abhijit Mondal had been taken into jail custody to start the probe again. The CBI counsel said, "It is being investigated that whether the only chargesheeted Sanjay Rai had talked to Sandip and Abhijit before or after the rape and murder on 9 August."
On 18 October the post mortem doctor Apurba Biswas appeared at the CGO Complex for the fourth interrogation regarding several faults and irregularities in the autopsy report. To avoid the second autopsy, evidences were tampered with and evidential documents were altered, according to several sources of the CBI. The investigation had made considerable progress in this direction following those leads. The two assisting doctors to Apurba Biswas in the autopsy session were also questioned.
Following the CBI's higher authority's recommendation, under the leadership of the head of the Delhi AIMS Forensic Department, Adarsh Kumar , a special board had been found. The entire autopsy and inquest reports had been sent to that board for forensic examination. Till now the board hadn't sent the final report. Extreme irregularities had been found in both the autopsy and inquest reports.
At the heart of Kolkata, Esplanade six crossing junior doctors held sit- in and hunger strike for 17 days during which many of them including Dr. Aniket Mahato, the president of R. G. Kar Medical College and Hospital's junior doctors union were hospitalised. Their agenda was ten demands to the West Bengal government. Doctors from R. G. Kar Medical College, Kolkata National Medical College, NRS Hospital, PG SSKM Hospital, KPC Medical College and other hospitals had participated in this hunger strike. For those seventeen days the entire West Bengal and the rest of the India had witnessed a history in making. Lakhs and lakhs of people from several distant corners of West Bengal paid their visit to that location dharna Mancha just to have a glimpse of those fasting doctors . Unfortunately the state machinery kept opposing this strike from the beginning till the very end, applying their utmost vindictive powers in every possible way. In doing so Kolkata Police had even punched and kicked a junior doctor. From the beginning, Kolkata Police obstructed the decorators from carrying the bamboo sticks to the sit-in point for erecting the pandal. Then doctors had to carry those bamboos. The Kolkata police didn't approve even the minimum space, necessary for comfortably sitting and resting, for the striking doctors. Next Kolkata Police obstructed the supply of drinking water to the sit- in stage. The doctors had to fight against that. Nothing couldn't deter their spirit because millions of people stood for them and stayed by their side for all those 17 days. Countless symbolic 12 hours hunger strike had held in different corners of Kolkata and the rest of the West Bengal. Thousands and thousands of septuagenarians and octogenarians alongwith the senior citizens of all ages had personally stood infront of those fasting doctors, sat by their side on the stage and showered them with their motherly love and affection.
A mobile tea seller had donated his one day's income to the striking doctors saying "I couldn't give anything more than this ". Such was the gravity of the people's emotions. People from all walks of life and professional fronts stayed around that sit- in stage day after day. Two days after the Dussehra, the junior doctors held a " Droh Carnival" to which millions of people from the entire Kolkata and suburbs and turned out and gathered at Esplanade crossing. It became a grand spectacle to watch. But all along what remained etched in people's history was all those thousands and thousands of senior citizens who remained seated all around the sit- in stage for almost 14/15 hours every day, till the end. On the 17th day when the matter was really going out of hand, the parents of the slain lady doctor had visited the sit- in stage and requested the doctors to withdraw their hunger strike. Only then the doctors called off their strike. On 21 October the doctors had a meeting with the chief minister that bore no positive result, because after all these, the chief minister of West Bengal didn't pay any attention to any of their demand. The health secretary Narayan Swarup Nigam, under whose watchful eyes the gruesome torture, rape and murder of that lady doctor took place was still holding his position in the Health Department under the patronage of the chief minister.
From the afternoon of 8 August till the late night of 9 August Sandip Ghosh the ex- principal of R. G. Kar Medical College and Hospital had more than thirty conversations with two particular junior doctors over mobile phone, those were under CBI's observation. Besides, there were three conference calls and all the recorded conversations between Sandip and Abhijit Mondal, the Tala PS OC, from the afternoon of 9 August.
According to a CBI officer, "That the lady doctor's murder was pre - planned became clear from the second stage of our investigation. After the primary investigation, the call details between Sandip and two junior doctors came in our hand. After receiving the forensic report of Sandip and Abhijit's mobiles, our investigation has made considerable progress. " According to the CBI sources, those two junior doctors had already been questioned. During Sandip Ghosh's remand in CBI custody, investigating officers had questioned Sandip and those two junior doctors having them face to face.
In a shocking revelation a CBI officer said that on 7 August, 2024 without any prior notification, suddenly the "duty roster" was changed. Those two junior doctors had no duty schedule at the Chest Medicine department on 8 August. But on 7 August, on Sandip Ghosh's special order those two doctors were deputed at the chest department. The officer said, "From March the duty roster's usual assignments have been checked. This kind of sudden change in the assignment happened only once in all this time. " Afterwards all those telephonic conversations between Sandip and two doctors had added further fuel to the suspicion.
According to another CBI officer , "The relation between the slain lady doctor and these two junior doctors, very close to Sandip Ghosh, was not good for the last few months before the lady doctor's death. After getting the statements of the lady doctor's few batch mate, few senior doctors and few nursing staff, this fact had come to the light." According to the investigating officers, from the afternoon of 8 August till the late night of 8 August , Sandip Ghosh not only had all those above mentioned conversations with these two junior doctors, they had even exchanged several photos and videos over their phones during this time according to the forensic report. But the officers didn't want to divulge any details of those photos and videos. According to one official, "The investigation is at an important stage now. All the latest information have been submitted in the status reports to the Supreme Court. The Chief Justice himself is observing those reports. So at this point we cannot make any more information public. "
According to the investigators, " It is true that on the basis of the biological evidences collected from the epicenter, Sanjay Rai has been chargesheeted as the main culprit . But about the pre - planned murder of that lady doctor, one after another clues have come to the fore and those are being investigated. Sandip's mobile played an important role here. On 18 August at the Sealdah Court of additional chief judicial magistrate, one investigating officer had submitted written letter informing that the issue of the pre - planned murder was being thoroughly investigated. And regarding this, important information had been recovered from the mobiles of Sandip and Abhijit. Very soon they would be questioned again.
According to the CBI sources few days before and after the rape and murder of the lady doctor, both Sandip Ghosh and Abhijit Mondal had deleted several information from their phones, so had surfaced in the forensic report of those mobile phones. From 7 August onwards Sandip had deleted few still photos, videos and call recordings step by step from his phone. On the other hand from 9 August 10 am till 11 August night, Abhijit had deleted many call details, still photos and videos step by step from his phone. Approximately more than forty call details Abhijit had deleted from his phone. The sources of those call recordings had become the important material for the investigation according to the CBI sources. An investigating officer said, "the lady doctor's rape and murder was pre - planned about which there were lot of evidences. After the forensic examination of their mobile phones many clues have come forward about both Sandip and Abhijit erasing many evidences of the rape and murder. Soon after the murder, both of them had talked to few influential persons. We have also received this information that few individuals of R. G. Kar Hospital had even guessed that the lady doctor was about to be in danger. But none of them could realise the gravity of that danger could be that much." The officer also said the details would be submitted to the higher court.
According to the CBI, the forensic report of Sandip Ghosh's mobile phone became strong evidence against him in the investigation. From the morning of 9 August Tala Police Station OC Abhijit Mondal had conducted the series of investigations including the prime accused Sanjay Rai's arrest and interrogation. But CBI strongly suspected, in every step of those investigating procedures someone from behind the curtain had dominated Abhijit Mondal. Otherwise why did Abhijit delete those information from his phone ? Of his own volition ? Or someone pressured him to do so ? According to a CBI officer, "In black and white Sanjay Rai is the culprit. But following the chronology of the incidents, the possibility of hiding someone important behind the facade of Sanjay Rai or hiding a criminal network responsible for the murder cannot be neglected."
According to the CBI, all those senior , junior doctors and managers having proximity with Sandip had already been questioned in relation to the destruction of evidence. Now the persons related to the deleted call recordings from Sandip and Abhijit's phones would be questioned. But most importantly the preparation of chargesheet against Sandip Ghosh and Abhijit Mondal had begun.
On 22 October the parents of the slain lady doctor had sent email to the central home minister Amit Shah urging to meet him regarding their daughter's rape and murder. In the letter they had also expressed the horrific mental agony and pressure they were going through. Previously they had also written to the president , the prime minister, the central home minister and the chief minister of West Bengal. But no reply came from any quarter.
The father wrote in his letter, "We are under tremendous mental pressure. We are feeling helpless. Me and my wife, we want to meet you and talk to you. What do you think about this issue, we need to know. We need your valuable guidance in the entire matter. We are ready to meet you at any place that you ask us to come within your busy schedule. "
The helpless father said, " We have sent the mail in the hope of getting the justice. If needed we shall stand in front of the prime minister with our hands folded."Amit Shah was about to pay a visit to Kolkata in the next few days. The state BJP administration would try to arrange a face to face meeting between Amit Shah and the parents of the lady doctor, then.
Their repeated disapproval in going under narco and polygraph tests could put Sandip Ghosh and Abhijit Mondal in great danger in the course of investigation . And CBI could turn this investigation more stronger against them on this ground of non - cooperation in the investigation , according to a group of advocates. On 18 October Sandip and Abhijit were produced at the Sealdah Court in front of the additional chief judicial magistrate. In front of the magistrate both of them disagreed to go under narco and polygraph tests . CBI officers had already decided to mention this point of non - cooperation in the investigation in the next status report to the Supreme Court. According to the CBI sources, in the forensic report of Sandip and Abhijit's mobiles phones, apart from the destruction and change of evidences, other important clues had also come in CBI's hands . Besides, clues about several other persons' possible involvement in the rape and murder of the lady doctor had also surfaced. According to the CBI officers, on the basis of those new clues they had demanded for the narco test of Sandip Ghosh and polygraph test of Abhijit Mondal for getting more detailed information regarding these issues.
CBI had already informed the Supreme and the Sealdah lower Court that Sandip and Abhijit during CBI custody had tried to mislead the investigation by suppressing the truth on several occasions. According to the investigating officers, their repeated disapproval in narco and polygraph tests had established the point of non - cooperation in the investigation in court. According to the Kolkata high court advocate Bikash Ranjan Bhattacharjee, " Not only opposing their bail, CBI could attempt to prove them guilty by using this point of their disapproval in narco and polygraph tests, in court."
CPIM politburo member Brinda Karat had met the grieving parents of the lady doctor on 24 October at their residence. After the meeting Brinda had told the media, " The entire state and nation have united in seeking justice for the brilliant and courageous doctor , yet the TMC government and its leaders continue to shield the corrupt nexus behind this horrific crime. The fight for justice.... will persist until the family receives the justice they deserve ." Karat also said that the people of Bengal and the entire country were standing with the bereaved family to get justice for the young lady doctor.
As it was already known that in the R. G. Kar Hospital massacre case the investigation started in two directions. One was financial irregularities of the hospital and medical college authorities and another was the horrible torture, murder and necrophiliac rape of the lady doctor. In the trial of financial scam, the evidences of a nexus between a larger conspiracy and politically influential people behind the supply of fabricated and lower category medicines had come to the forefront. According to the progress of these two cases a strong possibility of a fear of the collective conspiracy, financial irregularities and fake medicines racket getting exposed might have played the key role behind the pre - planned murder and rape of the lady doctor. Already the forensic reports of Sandip Ghosh and Abhijit Mondal's phones had provided several solid evidences about their direct involvement in erasing the evidences of the murder and rape had been found. All these had solidified the possibility of a pre - planned torture, murder and rape. More importantly, the investigating officers had claimed, there had been die - hard attempts at suppressing and hiding the involvement of "other persons " in the murder and rape. During the investigation of the past 87 days this had become more and more transparent to the CBI. According to the investigators' statement, following the rules of investigation, the statement of the accused was not mentioned in the chargesheet. The same was submitted in the court during the trial. During Sanjay Rai's CBI custody, CBI had taken written statement from Sanjay and interestingly that statement had pointed towards a completely different direction in the murder and rape of the lady doctor. The matter was being investigated further on.
"I have been framed . My department is threatening me," Sanjay's claims stir controversy. Framing of charges against Sanjay.
For the first time, outside the court, infront of the public, Sanjay Rai had claimed himself, innocent. On 4 November charges had been framed against Sanjay. Afterwards while leaving the court he started screaming from the prison van, " I have been framed to save the real culprits. " He also claimed that state government and "the department were threatening him" On 4 November, in the additional court of justice Anirban Das at Sealdah Court, charges had been framed against Sanjay Rai under the Bharatiya Nyay Sanhita sections 103(1) (punishment for murder) 64(1) (rape) and 66 (causing death or pushing a person to persistent vegetative state) in the case of murder and rape of the lady PGT doctor, according to the court sources. On that day after 87 days of the murder and rape, inside the closed door proceedings, framing of charges had begun. According to the court sources, the trial would begin from 11 November and the hearings would take place every day. Sanjay was brought to the court under tight security. But at the time of leaving the court, Sanjay started screaming from the prison van, "when I opened my mouth, nobody paid attention to me. All this time I remained silent. I have been framed. All the charges are being framed against me. But I haven't committed the murder and rape. I said that I have been framed. But they didn't let me go there. The government is making me a fall guy. They are threatening me, that you won't say anything. My department is threatening me. I'm completely innocent. "
Before, at the time of framing the chargesheet infront of the judge, Sanjay had claimed himself to be innocent. According to the CBI sources, in the investigation document of Kolkata Police, Sanjay had confessed that he was the responsible one in the murder and rape of the lady doctor. But in the CBI custody Sanjay had completely denied his involvement in that incident. In the investigation of Kolkata Police, according to the biological evidences the allegations had been framed against Sanjay Rai and the chargesheet had been filed accordingly. On 4 November, at the Sealdah Additional Chief Judicial Magistrate Court, Sandip Ghosh and Abhijit Mondal were presented virtually. The CBI counsel said, "One chargesheet had been filed against Sanjay. That doesn't mean the investigation is finished. On the basis of biological evidences, that chargesheet had been filed. In the chargesheet it wasn't mentioned Sanjay is the only accused. Stringent investigation is going on. For that reason Sanjay wasn't mentioned as the only accused. We are also investigating on the basis of digital evidence. According to Abhijit Mondal's lawyer, "the CBI is pointing accusations in relation to the destructions of evidence. But they are not making the supporting evidences regarding those accusations, public. According to the chronology of events, interaction between the principal of the concerned hospital and the OC of the local police station is natural. "
According to the lawyer of Sandip Ghosh, " he has been in jail for 50 days , but CBI is not presenting any documental evidence against Sandip Ghosh in court. His actual crimes are not being made public." The judge had rejected the bail petition of Sandip Ghosh and till 18 November, Sandip and Abhijit had been sent to jail custody, according to the court sources.
The Supreme Court on 8 November, 2024 had considered the appeal to order a directive for framing additional charges against all the responsible murderers and conspirators apart from Sanjay Rai in the murder and rape of the lady doctor. "We will see the status report submitted by them ( the CBI) tomorrow and decide...." Chief Justice D. Y. Chandrachud orally observed at the end of the court proceedings on 7 November. The other judges of the bench, Justice J. B. Pardiwala and Justice Manoj Misra had assured after a lawyer for an intervenor in the case made an appeal for framing additional charges showing the ground that charges had so far been made only against Sanjay Rai, the lone accused, "The charges have been made against the lone accused Sanjay Rai, but if there is an alleged conspiracy then charges will need to be reframed, the trial had to be stayed," the counsel appealed. Chief Justice Chandrachud had said the appeal would be considered after going through the latest status report during the hearing on 8 November. "The status report of the CBI shows disclosing the investigation will jeopardise the line of investigation and let me assure you that it is to unearth the absolute truth.... Apart from principal, the SHO is also arrested ( referring to the officer incharge of Tala police station). So let us wait. We have seen the status report. The CBI has replied to issues such as whether the challan in statutory form was submitted for post mortem .... it is exploring if there is a likelihood of the scene of crime being tampered, complicity of any other person, evidence if any being destroyed etc. It will be unwise for us to disclose anything further," Chief Justice Chandrachud had told to the lawyers representing all sides. Solicitor General Tushar Mehta representative of CBI had also endorsed that view by saying any such disclosure would only alert the actual guilty.
On 7 November the hearing couldn't be held owing to the lack of time. CJI Chandrachud would listen to the petition on 8 November. The parents of the slain doctor had gone into depression following the lengthy procedure of the case, "After three weeks the day of the hearing was fixed on 7 November. We had been waiting since the morning but lost our hope in the afternoon. What we have been watching in the state administration and Supreme Court it seemed our departed daughter is still being played on in the hands of absolute power. We have lost our hopes with the Chief Justice of the Supreme Court," sighed the mother in despair. "Before we had tears in our eyes when we would talk about our daughter. But now we don't have tears in our eyes. It is time to fight for justice. We will come on road to wage our war. Continuous movement is the only way to snatch the justice from the clutches of power ," told the father.
On 8 November's hearing the Chief Justice of India D. Y. Chandrachud had rejected the plea of the CBI counsel to pass the direction to the Sealdah Court to frame additional conspiracy charges against the other accused regarding a larger conspiracy. The CJI Chandrachud had also refused to pass any order to move the case outside of Bengal. He observed during the hearing, "CBI status report submitted has indicated that it is conducting extensive investigation into various financial and other irregularities. It is not appropriate to make any detailed reference to the nature of investigations which is being carried out at present. If there is more evidence, the CBI would file a supplementary chargesheet. "
"Yes we have done it in cases like Manipur, when we had transferred the case to Assam. But we are not doing anything like that here. No such transfer," the bench said. The counsel for the public welfare litigant, at the Kolkata High Court, Feroze Edulji said, "Inspite of carrying out the investigation for the past 90 days the CBI has made no such progress. They have ultimately sealed on the investigation of Kolkata Police. Yet they are saying the investigation is going on. Honourable judges, this is self - contradictory." In response CJI Chandrachud said, the additional session judge in Sealdah Court, a high - ranking district level judicial officer had the power to reframe charges or frame additional charges. So Supreme Court would not make any interference in that matter and no directives could be given to the trial court to frame additional charges of conspiracy. By doing so there would be confusions within the judiciary system. "We have seen the sixth status report filed by the CBI which indicates that on November 4 the Additional Sessions Judge has framed charges .... The next date fixed by the trial court .... is November 11. Since investigation is under way, we refrain from making observations . Let an updated status report be filed after 4 weeks by the CBI," the bench said in an order. Senior advocate Kapil Sibbal, appearing for the state of West Bengal said, the state too wanted an expedited trial and the quick punishment of the guilty. Another advocate said the people in West Bengal were losing hope in the police and judiciary system. CJI stopped him in the middle and told him, "Do not make such general statements. There is no such thing at all." This was D. Y. Chandrachud's last hearing of this case. He would retire on 10 November. He said Justice J. B. Pardiwala and Manoj Misra would continue hearing this case.
Representing the parents of the slain lady doctor, the counsel Brinda Grover said during the hearing, "One particular section is trying to stop the trial process, another section want to move the case to some other place." The CJI replied, "Let the trial begin. We don't want to interrupt the trial. We know some sections trying to stop the trial."
According to the investigating officers, after analysing the CCTV footage dated 8 & 9 August of the R. G. Kar Hospital and Tala Police Station, important facts had come to CBI's hands. The CBI officials alleged , both in Tala PS and the hospital, many portions of the footages had been deleted . By using advanced technology,70% of those deleted footage had been recovered. According to a CBI official, " Although the footages had been deleted, but by using forensic technology, DVR (Digital Video Recorder) those deleted footage can be recovered. Step by step those deleted footages have been recovered. The forensic report of those recovered footages have also arrived. Behind the murder and rape of the lady doctor, the responsible larger conspiracy and institutionalised crime had been suppressed in desperate attempts. Those clues are still being verified. " Another CBI officer said, "According to the progress of the investigation, the supplementary charge sheets will be submitted against Sandip Ghosh and Abhijit Mondal. In those chargesheets some important facts about the larger conspiracy behind the murder and rape and the attempts to destroy and tamper with the evidences will be mentioned. With the charges against Sanjay Rai, the footages of fifty CCTV cameras have been submitted. " According to the investigating sources, the footage of 8 August late night, covering different corners of R. G. Kar Hospital and the movements of Sanjay Rai are being analysed. The forensic report of the call details of Sandip Ghosh and Abhijit Mondal's phones are also being compared. In that process some direct and indirect clues regarding the suppression of the larger conspiracy and the murder and rape have come to the knowledge. The CBI sources said, the footages of the seminar room and it's surroundings have indicated various unknown information. Where exactly that lady doctor was murdered and raped were being investigated in a new light. The forensic reports have produced some new clues in this connection. The written statements of Sandip and Abhijit, submitted while in CBI custody, were being checked and compared with the newly found forensic clues. In that process it had become clear, while in custody, Sandip and Abhijit had tried to misdirect the entire investigation several times through several ways. They would be going under investigation all over again.
From 11 November, Monday, the regular hearing starts in the sitting court of additional district sessions Judge at Sealdah . In the hearing, the statements of 51 witnesses will be recorded that includes some family members of the slain lady doctor. With the objective of speedy trial , the court will hear the case everyday. The closed door hearing (in camera ) is already taking place. Meanwhile, the forensic report of the biological evidences of Sanjay Rai and various other evidences have come to the CBI's hands.
People's Chargesheet Accuses Health Minister Mamata Banerjee For August 9 & 14 Incidents
The people's chargesheet filed by a forum comprises of senior doctors and citizens' groups, held the state health minister, Mamata Banerjee, also happens to be the chief minister, for allowing the lone accused Sanjay Rai unrestricted access to enter and roam all over the campus and premise of R. G. Kar Medical College and Hospital. The Joint Platform of Doctors (JPD) also blamed the home minister, a portfolio also held by Mamata Banerjee, for failing to prevent and retaliate the horrible attack of large number of hoodlums on the R. G. Kar premise on the night of 14 August, the first night- vigil. The chargesheet, distributed among the attendees to the gathering at Rani Rashmoni Road was also printed on a large hoarding and put up at the venue, didn't name Mamata Banerjee but addressed her as the health minister and home minister. "We are not demanding her resignation now. We have only submitted the people's Chargesheet. The trial will now finally begin and the verdict will come out," said Tamonas Chowdhury, a senior doctor and a member of the JPD, an umbrella organisation of various senior doctors' associations, who have supported the junior doctors' protests. Albeit the junior doctors so far had avoided blaming Mamata Banerjee directly. Many junior doctors, civil rights activists and former Supreme Court Justice Asok Ganguly spoke at the meeting. The West Bengal state secretary and home secretary had also been held responsible in the people's chargesheet.
" How can an off - duty volunteer have unrestricted access to all parts of a hospital at night ? No one stops him ? No one noticed what he is doing ? Even CCTVs fail to record adequate evidence of his movements ? How insecure are doctors and patients in a hospital ? .... You are being held responsible for this health secretary, minister and associates," said the first charge. The second charge said, "Five days after the murder, you failed to prevent the attack on August 14 midnight. This again proved how threatened doctors and patients are inside a hospital. The people are holding you responsible, the police commissioner, the minister of the department and the secretary." The chargesheet also accused the health department for operating racket of fake medicines, mal - handling of the biomedical wastes. "In Supreme Court it is tarikh pe tarikh (one date after another). We are not happy with the way the CBI probe has progressed. If a case as sensitive as this one goes this way, think about what common people have to go through to get justice," said Debashis Halder, a junior doctor at Medical College and a prominent face of the junior doctor's movement.
Carrying on the movement on road will keep the pressure on CBI and the judiciary for a fast investigation and fair trial . "Only one person has been arrested so far. We still believe this crime could not have been committed by a single person. We are here to keep up the pressure on the CBI. We also want the court to conduct a speedy and fair trial," said Trinesh Mondal, a junior doctor and a rally participant. "We want the people to know that the junior doctors' cease work and hunger strike may have ended, but we are still in the quest for justice for Abhaya.The protests will not end until the justice is done," said Parichay Panda, a junior doctor and another participant in the rally from College Street to Esplanade. An ocean of people joined the march that was called by West Bengal Junior Doctors' Front. Former Supreme Court judge Asok Ganguly had spoken at another meeting, called by Joint Platform of Doctors (JPD). "I unequivocally criticise the role of Supreme Court in this matter. Just when Calcutta High Court tried to speed up the probe by handling it over to the CBI , the Supreme Court took the matter suo motu and delayed the process. No one had approached the Supreme Court , but it took the case up on his own", he put stress on the point that Supreme Court had sent the case to the cold storage.
Common people outnumbered the doctors. Slogans filled the air, "Tell us CBI / How much more time do you need" and "Don't worry Tilottama / We won't allow any deals." Sarifa Khatun, 28 had arrived in the city with her 7 year old daughter from West Midnapore. "No one is safe. I want my daughter to know about the protests and what happened. I want a safer place for my daughter," she said. Reshmi Roychowdhury, 55 who stays in Chicago and is in Kolkata on vacation, also joined the protest march," Its horrific that this happened in a workplace. Our own workplaces are not safe. This is not city or local matter but a global issue," she said.
Sanjay Rai accuses ex- police commissioner Vineet Goyal of framing him. At last , the long awaited trial began on 11 November at the Sealdah Court with recording the statements of the lady doctor's father and the former councilor of the lady doctor's residential area, Sanjib Mukhopadhyay who on 9 August allegedly played a crucial role in the "hurried cremation" of the lady doctor. Sanjib, the so called "uncle" of the deceased doctor had arrived at R. G. Kar Hospital in the morning of 9 August on a motorcycle. His signature was on the crematorium document of the lady doctor. The closed door in- camera trial would continue for few more days. Generally it takes months, even years for a trial to begin . The R. G. Kar case was fast tracked, so that the trial could begin as soon as possible, according to a CBI official. Sanjay Rai, who is in judicial custody was brought in the court during the deposition. The victim's father was brought to the court, closely guarded all the way from his home in Panihati. The CBI has made a list of 128 witnesses including the victim's parents, the junior doctors, the employees of R. G. Kar and police officers. "All of them will be asked to depose one by one", said an officer. The defence lawyers cross examined the witnesses for 3 hours and 20 minutes . According to the rule set for this trial, the cross examination of the witnesses will be completed within the same day. Advocate Vrinda Grover represented the victim's family and advocate Kabita Sarkar represented the accused. From the hierarchy of Lalbazar, Kolkata Police head quarter, strict order was given to prevent Sanjay Rai from divulging any more information . But after the trial while on the way to the Presidency Correction Center, Sanjay shouted from the prison van, that the former police commissioner Vineet Goyal and the DC DD (Deputy Commissioner, Detective Department ) had made him a fall guy in this murder and rape case, "I am being framed. Top, top officers are framing me .... I'm naming them Vineet Goyal, DC DD (special) have conspired to frame me .... The know everything " According to a CBI officer, "We have done our investigation and presented the case to the court . He ( Sanjay) never mentioned all these ( names of officers) in our custody. He can say whatever he wants now." The trial will continue till 14 November after which the court will announce the next date.
On 13 November two doctors , one an associate professor and a junior doctor appeared before the Sealdah Court to record their statements. Both of them were on duty on the night of 8 -9 August, the night the lady doctor was killed. Before, CBI had collected many information from them about the movements of the lady doctor on the night of 8 August and the beginning hours of 9 August. The associate professor had examined the body of the slain lady doctor according to the CBI chargesheet and found her eyes "half - open" and pupils "dilated and fixed". The doctor informed the then principal Sandip Ghosh and police about the death. The junior doctor, covered the lady doctor's body with a blanket following the instruction of a senior doctor whose name CBI had mentioned in the chargesheet. In the hearing before this one, other two doctors who were also on the duty on that fateful night, had deposed at the Sealdah court.
On 19 November, the two photographers, present at the seminar room on 9 August, 2024 were questioned at the Sealdah Court. But before that, the doctor who witnessed the inquest of the lady doctor was questioned. His deposition was started on 18 November, 2024. After that, the two photographers who had taken photographs of the lady doctor's body from various angles on the day of 9th August, 2024 at the seminar room of the R. G. Kar Hospital, were asked to appear before court. From 12 noon till the afternoon their statements were recorded. According to the investigating officers, “the lady doctor's body was photographed from different angles. After that kind of horrible torture, the lady doctor's laptop, mobile, the bottle of drinking water, few torn pages of her diary and the broken spectacles were kept in order behind her head. No trace of any disorder or mess was found in the seminar room . That created a lot of confusion." After committing the murder somewhere else, the body was brought and left at the seminar room, this allegation was raised from different quarters of the civil society. Few people were being questioned on this issue.
Of the three persons who had deposed on 22 November was a security guard, posted on the night of 8 August at the R. G. Kar Emergency Building. He had seen Sanjay Rai to enter the Emergency Building in the beginning hours of 9 August. Later he had identified Sanjay Rai. Besides, on 9 August morning after the lady doctor's body was discovered, this security guard had called to few managers and doctors of the hospital and immediately they had arrived at the seminar room of the hospital. According to the sources, that guard was thoroughly questioned about the circumstances and situations of the epicenter seminar hall. According to the CBI investigators, " In that morning after the lady doctor's body was found, what kind of decisions were taken under which circumstances and the steps the hospital's doctors and officials had taken, are still being investigated. That's why this security guard's statements are very important." A Kolkata Police constable who had marked the crime scene was also questioned on that day. This constable actually is a police artist. The investigators demanded that he had made drawings of the dead body and it's surroundings. The third person was another police man who had gone to the 4th battalion barrack and brought Sanjay Rai to the Tala Police Station on the night of 9 August. On the next day,10 August, Sanjay Rai was arrested.
Scene 1: A young woman's body is lying on the floor of a morgue. The woman has died from strangulation. Two young men examining the external injury marks on her body and describe them to one man standing beside. The man is taking notes of those description minutely.
Scene 2: In the morgue – office, one person stands in front of a table, wearing apron. Another person is in front of him holding a slip. From that slip the apron clad man takes detail notes about the weight of the dead body's head, the locations of the wounds on the body. Then he leaves the room.
Recently these two videos of the R. G. Kar morgue had started huge controversy. Complaints were being raised since that day, the way the autopsy report had been made inside R. G. Kar morgue. But who were those persons seen in the video ? After inquiring it had come out that those two men investigating the young woman's body were domes. And the other man of the second video taking notes following the information on that slip was the head dome of R. G. Kar morgue, Santosh Mullick, according to the hospital staffs. But in the first video the man taking notes following the description of the dead body from the domes was the departmental head of R. G. Kar Hospital's Forensic Medicine, Dr. Prabir Chakraborty, according to the hospital staffs. And on that basis questions were being raised that how a senior doctor could make an extremely serious document like autopsy report depending only on the information provided by domes ? For all these times these punishable acts were being carried out and yet, the hospital authority never came to know anything about the same ? Or the hospital authority remained silent in spite of knowing everything ? One section of the hospital's doctors said "since the department head himself were doing all these as seen in the video, the hospital authority could not know anything about it, was not true."Did a dome really have that authority to examine the internal and external injuries of a dead body ? No, we the doctors and the post graduate trainees do it. The domes co - operate with us. At the end we check the entire matter", demanded Prabir Chakraborty. But in a surfaced video it was clearly seen that the head dome Santosh Mullick was taking notes of the external wounds of the woman's dead body. In another video it was seen that you were writing the information based on the same provided by Santosh Mullick ? Dr. Prabir replied, "How can you have access to those videos ? First I need to know that who made those videos and how did those became public ? Who gave that photographer the authority to shoot those videos ? I won't say anything more." When Santosh was asked about the possible answers to all these questions, he said to call him back after 7 in the evening. And after that he didn't answer any phone calls.
Forensic medicine experts informed, before dissecting a body, the autopsy surgeon had to check the external injuries and wounds of that body and make a list of the same. Again, after the dissection, he had to check all the internal injuries and changes of the body's internal conditions . Throughout the process, domes brought the body on the autopsy table, forwarded the surgical instruments to the doctors and made all the stitches afterwards. According to a retired autopsy surgeon of this city's medical college, "In course of doing these jobs for a prolonged period, domes of morgue become knowledgeable and experienced about the autopsy procedure. But one needs to become a doctor in order to examine a dead body and identify the exact reason of a person's death. A dome can never be eligible for doing these things. These unethical acts, seen in the videos , only proves the irresponsibility of the concerned autopsy surgeon." Further complaints have come, "in the district hospitals also the post mortem reports get prepared following these rules. But nobody is there to take care of these unrully activities . "
Following the gruesome murder and rape of the lady doctor at R. G. Kar Hospital, so many complaints had come forward regarding the corruption and unlawful activities inside that hospital's morgue. So serious were those complaints that even the CBI officers paid several visits to those morgues and made thorough examinations . They also collected the CCTV camera footage. According to the sources in those footage was also seen the PM doctors making PM reports depending on the domes’ information about the lady doctor's body. How could a dome became so authoritative in that system, the central agency investigators were still investigating about that. Most interesting fact that had come to the limelight was that Sandip Ghosh during his tenure hurriedly brought this head dome Santosh Mullick from North Bengal and put him in charge of the R. G. Kar morgue.
A section of the doctors were saying it had become clear from the two videos that to what extreme level the R. G. Kar Hospital's corruption had reached. In one of those two videos it could be seen, that Santosh was furnishing the details about how much blood and pus had clotted inside the skull of the dead, how much wounded was the forehead and where, how many stitches were performed at the first aid, was the skull broken or not, the nature of rigor mortis to Dr. Prabir Chakraborty in the morgue office. And on hearing those, Prabir was making notes of the same. According to the PM specialists, this incident had made it clear that during the post mortem the autopsy surgeon was not present at the autopsy room. Instead he depended on the dome about such a crucial medical procedure. What an unpardonable crime ! Complaints had arrived at different times that in most of the cases domes dissect the bodies. In the video the way Santosh Mullick had described the body to the autopsy doctor and the doctor made notes of that description , it became clear that domes themselves had performed even that dissection. According to the specialists, there could be horrible mistakes in the autopsy report, if the same was made based on domes' observation. In the report an incidence of murder could become an incidence of suicide or vice versa. Again, owing to the lack of proper knowledge, the viscera samples could not be collected in the exact manner. As a result there could be tremendous apprehension that the police investigation could be misled entirely.
There were various complaints against this powerful dome Santosh Mullick. Santosh and company had started a package system of hefty sum of money, charged from the patient party against performing the post mortem, stitches, arranging the hearse carrier and finally sending the body to the home of the dead person. Disobeying his dictum, had caused transfer of the person according to Santosh's threat. During nights, running the booze racket in the morgue area, insulting other protesting domes, even performing lewd gestures to the relatives of those domes were among the allegations against head dome Santosh Mullick. But after all his misdeeds had become public, Santosh Mullick had become completely incommunicado.
There's no hassle of making new medicines. In a small den what you need is only the chemical needed to erase the ink- written words on the label, the latest printing machineries to write new words on that old label and approximately ten people. That's enough. Lakhs and lakhs of expired medicines are becoming new after erasing their old batch numbers and manufacturing and expiry dates. In those places new batch numbers and new dates are being printed. The detained accused in the R. G. Kar financial scams, used to supply these expired and fake medicines to various government medical colleges including R. G. Kar Hospital. This way crores and crores of rupees of medicine corruption had spread all across the state , according to the CBI.
In R. G. Kar corruption case, alongwith the deposed principal Sandip Ghosh, his two close associate in the corruption activities, Suman Hajra and Biplab Sinha were in jail custody now. While in CBI custody they were thoroughly interrogated about their corruption activities. Apart from R. G. Kar , Suman and Biplab used to supply fake medicines to other medical colleges also. According to the investigating sources, from Suman and Biplab, information about syndicates of fake medicines manufacturing rackets had come to CBI's knowledge. And most frighteningly the information about few influential persons who were and maybe still are turning their crores and crores of black money into white by investing in this underground trade from behind the curtain had also come forward. The investigation was progressing step by step according to those information. According to the CBI investigators, "With the further help of these extremely powerful persons, the government medical colleges and hospitals have become the safe heaven for the fake medicines business. Using the loopholes of tender pass process these fake medicines are being supplied to these hospitals. Only by using the high level connections, fake medicines supply rackets are smoothly operating in government hospitals." According to the CBI sources, additional chargesheets will be submitted to the court against Sandip Ghosh and his four associates. In those chargesheets, details about these persons' companies' involvement in the R. G. Kar financial scam would be mentioned in details. Afterwards, in the following chargesheets, the detailed operation about these corruption rackets would keep coming to the forefront.
The CBI had asked some details about the post mortem reports before and after the autopsy of the slain lady doctor. "We want to know the details of the procedure usually followed while performing a post mortem at the hospital. This will help us better understand the procedures that were followed while conducting the autopsy of the doctor ", said a CBI officer. CBI had asked the R. G. Kar authority to submit the details of the post mortem procedures that a doctor of forensic medicine usually followed while carrying out the procedure over a person died under unnatural circumstances, according to the CBI sources. According to them, the details about to be submitted by the R. G. Kar authority would help them understand whether there were any lapses in the entire process and also about the standard procedure of PM that R. G. Kar Hospital followed.
Several post mortem specialists of other government medical colleges had said the PM process was to be followed step by step which was mainly divided into two parts, internal and external examination. During the external examination, the injuries on the body were noted down with reference to the types of injuries and their related details. During the internal examination, various types of incisions were performed on the body - y - typed, u - shaped, vertical and semi - circular , to check the conditions of the organs and whether they have any abnormalities or not. According to a senior doctor at the Medical College, Kolkata, "The internal medical examination is time consuming, lasting several hours. Samples like tissues are collected during the internal examination for laboratory investigation. The findings are noted down in the form of a report and the results of the lab tests are appended to it."
Senior R. G. Kar officials didn't want to comment regarding the CBI enquiry, "All we can say is that CBI wants to find out how the post mortem is conducted at the mortuary of the medical college and how medico - legal reports are drawn up," said Saptarshi Chatterjee, the new MSVP of R. G. Kar Medical College and Hospital . According to PM report, the lady doctor had multiple bruises and "haemorrhagic spots on the inner side of her epiglottis ." The epiglottis was cartilaginous lid that prevented food and water from entering the wind pipe and lungs of a person when swallowed . According to the chargesheet, the victim died 19 hours before the autopsy and the autopsy was videographed between 18:10 hours to 19:10 hours on August 9.
Following the second round deposition of the main doctor of the lady doctor's post mortem on 26 November, all the six post mortem reports prepared on 9 August at R. G. Kar Hospital had been submitted to the CBI. The investigating officers had made their observations by placing those six post mortem reports beside the first PM report that was prepared in haste. Then sent the seven PM reports to the board of forensic specialists. Still their opinion had not arrived. According to a CBI officer, three officers of Tala police station were also deposed. On 27 November they would be questioned again.
From the afternoon of 27 November, the three officers, present at the spot where the dead body of the lady doctor was found, were questioned. These three officers were active from samples collection to questioning. They had collected evidences from the accused Sanjay Rai. Throughout the 9 August, they had been witnesses to many incidents around the seminar room. According to the investigators, testimonies were being collected regarding what were the situation in the hospital, especially in and around the seminar hall on 9 August.
After 87 days from his arrest, CBI finally submitted the much awaited chargesheet against Sandip Ghosh at the Alipore special court. The 80 pages long main chargesheet along with few hundred pages of documents had been submitted to the court. The chargesheeted persons were Sandip Ghosh, his two close associates Suman Hajra and Biplab Singh, his body guard Afsar Ali and his another close associate Ashish Pandey. According to court sources, for the supply of low quality drugs and medical instruments and for different works of the hospital, illegal tenders were called. According to the investigating officer, as per the primary investigation, it had been mentioned in the chargesheet that in the last few years, crores of rupees of deals took place in the hospital regarding the supply of fake medicines and low quality medical instruments. That officer had also mentioned Sandip Ghosh as the main conspirator of that corruption in the chargesheet. Sandip had used his personal influences through his allies to practice all those atrocities. Business had been done by illegally encroaching the sections of hospital premises, the government alloted money had been looted by passing illegal tenders according to the chargesheet. Investigators had also mentioned in the chargesheet, there had been corruptions regarding the appointment of house staffs. As it was mentioned in the chargesheet, Sandip and his other four allies had all along co - ordinated with each other. There were few other persons related with these five , claimed the investigator. The investigation into the financial scams was still making progress. Further chargesheets would be submitted.
The parents of the slain lady doctor had opened a facebook account named, "Truth and Justice : Voice For R. G. Kar Victim " and posted a video there in which they made an appeal to the entire nation for helping them bring justice to their daughter. The video began with the father saying, "I am the father of the R G Kar rape and murder victim. It has been four months but I am yet to know what exactly happened to my daughter on that night ." He also said Kolkata Police had started the investigation but the investigation was "very wrong", so they had moved the Calcutta High Court for a "good agency." "Then the case was handed over to the CBI. It has been four months. But we are yet to get a solution. We are living in deep agony. Whatever my daughter achieved was on her merit. But the predator destroyed everything that night. Whatever I did for my daughter has also been destroyed now." The parents expressed their frustrations that the administration had returned to it's old form. They had decided to step on the road again in demand of justice for their daughter, "We will have to stay on road with the movement. Otherwise we will not get justice." On 6 December they had participated in the junior doctors' protest march from Medical Council to Swasthya Bhavan. The bereaved parents lamented, those who were beside them in those days of mass protests, no longer contacted them. They claimed, "those who were seen in the seminar room, are again sitting on the higher ranks of the health system. Threat culture has made come back. Our daughter was in government hospitals. The incident had happened there. Although CBI is investigating the matter, the state administration cannot bypass their responsibility." They had questioned the state government's aversion in giving consent to the chargesheet of Sandip Ghosh. "Still now Sandip Ghosh had not been suspended. Attempt are on to save him. The administration's support is with the criminals."
According to the CBI, during the post mortem, despite the efforts of few persons to write off the death as mere "suicide", the PM doctor didn't let that happen. He strictly protested, "No way this is a case of suicide." Then he took many pictures of the wounds of the body. According to a CBI officer, "That doctor provided those pictures to us and at the time of questioning. Those photos had been examined in forensic lab. This doctor is going to be a vital witness in this case.”
At this point CBI was concentrating on the 900 hours of CCTV footage and their ultimate test reports. On 9 December an investigating officer had written to the court that in the second phase, eight CCTV camera footages were being examined at their forensic examination. Recently, five hard discs and five DVRs (Digital Video Recorder)of R. G. Kar Hospital and Tala Police Station were sent to the Central Forensic Lab. The report had arrived. The emergence of further questioning had arisen based on those reports. According to the officer, these reports might solve so many mysteries regarding the tampering of evidences. On 9 December Sandip Ghosh and Abhijit Mondal were presented in the Sealdah Additional Chief Judicial Magistrate Court for the day's hearing. CBI counsel after asking for the 4 day bail of Sandip and Abhijit said, "900 hours footage from 8 cameras are being examined. This is a time consuming process. The accused are influential. That's why we are asking for their jail custody." The defense lawyer of Sandip Ghosh, Zoheb Rouf said, "86 days have gone by after the arrest. Still there has been no progress in the investigation. CBI is accusing of evidence tamping. But still now hasn't submitted chargesheet. In that case, grant a conditional bail .” Abhijit Mondal's defence lawyer, MD. Sazid said, "After my client's arrest, 86 days have passed. The investigators are welcome to question my client. But in that case why would he have to remain in jail custody ? The bail petition of Abhijit be granted." The judge Arijit Mondal had ordered Sandip Ghosh and Abhijit Mondal to remain in jail custody till 13 December, according to the court sources.
On 9 December, on completion of four months from the gruesome murder and rape of the lady doctor, four air - balloons with "We want justice, four months of injustice" written on them were flown in the sky by the doctors and common people on the R. G. Kar Hospital campus. The gathered crowd had taken vow that “as long as we don't get justice, we will stay on road with our protest.” The junior doctor leaders had announced, the way the criminals were being shielded behind constant threat culture, the Junior Doctors' Front will continue their movement more intensely . Medical Service Centre had conducted a candle light rally from R. G. Kar Hospital to Shyambazar five corners. The rallyists held a barricade at the five point.
On 9 December, CBI had said in Supreme Court, the murder and rape trial would be ended in the coming one month. Senior advocate, Vrinda Grover had expressed hope saying, CBI would file the supplementary chargesheet against those who had tried to mislead the murder and rape case. The CJI had directed all the states and union territories to submit their responses and suggestions about the court appointed National Task Force (NTF) recommendations that they had submitted on 4 December regarding the prevention of mental and physical violence against doctors and other medical professionals of India. The Apex Court had on 20 August had formed NTF with a 14 member team "on the urgent need to formulate protocols." In an interesting turn on the events, Supreme Court had given the permission to withdraw the case against the ex - Kolkata Police commissioner Vineet Goyal on the charge of repeatedly naming the slain lady doctor !
The parents of the lady doctor are losing hope after the Supreme Court had announced on 9 December after checking with the progress of the case in the lower court, that the Supreme Court would hear the case again in the coming 17 March, 2025, almost three and a half months from now. The parents also expressed their dismay at CBI for keeping them in the dark about latest progresses of the case, "We have understood that the Supreme Court will not take our responsibility . We have already waited for four months and the matter has been delayed by another four months. For us, it is a long time. Our days are passing by counting minutes and seconds. Compared to that four months is a very long time," the mother said. Replying to whether they had lost hope, the mother again answered, "We are disappointed but have not lost hope. We will continue to try. Else our daughter will never get justice." The bereaved father blamed CBI on few grounds, "We were surprised to see, how someone could speak such blatant lies in a court. The Supreme Court is monitoring the case but that is happening based on lies. The CBI told the court that they are in touch with the victim's parents. But no one has contacted us. They had told us that they would consult us before filling the chargesheet. But they submitted the chargesheet in the Sealdah Court without informing us. I have been texting them asking when they would submit the supplementary chargesheet. No one is responding." Expressing his doubt in relation to CBI's declaration that the ongoing trial would be over within the next one month, the father further said, "If the trial ends in another month, what purpose will be served by hearing the case (in Supreme Court) after four months ? The trial will end by then. What will the Supreme Court monitor ?" Still the parents were keeping faith on CBI, "We have not lost faith in the CBI. It is our last resort. But we are very disappointed. If a blind person looses faith in his stick, will he be able to walk ? A request to any politician would not yield any result. We have realised that no one is going to help us. Everyone is saying big things, but in reality, no one is bothered about our daughter. We have lost her. It is our personal loss and we have to fight for justice alone."
Vrinda Grover, the counsel for the lady doctor's family had ended up her association with them in this case, as was announced by her associates on 11 December in a statement. The statement said, "As lawyers and associates of the court, Advocate Vrinda Grover and her legal associates render legal services only in accordance with law, professional ethics . At this stage on account of certain intervening factors and circumstances, the chamber of advocate Vrinda Grover is constrained to withdraw from the case proceedings in this matter and will no longer be representing the victim's family." From September, 2024, Vrinda Grover and her team were engaged in legal battle in this case on behalf of the slain lady doctor's parents. The team had fought this legal battle without charging any fee. "The chamber of Advocate Vrinda Grover and other lawyers including Advocate Soutik Banerjee and Arjun Gooptu were requested by the victim Abhaya's parents to provide legal representation, before the Honourable Supreme Court, Hon'ble Calcutta High Court and the Sealdah Sessions Court and ACJM Court. Advocate Grover's chamber had provided legal services and representations completely pro bono to the victim family before all courts from September 2024, a period of almost 3 months." The statement also mentioned that the concerned law firm had represented the family in the Sealdah Sessions Court regularly. This decision by this kind of a reputed law firm raise suspicions about the way the murder and rape case was making progress. Many advocates have expressed their surprises about this decision. "It is highly unusual for a reputed firm representing the victim's family to suddenly withdraw it's services. It only hints at a possible difference of opinion between the family and the top lawyer," said a senior lawyer. According to another lawyer, it could also be "because of some misunderstanding" between the family and the law firm. On 10 December, Vrinda had represented the lady doctor's parents for the last time in Supreme Court. The parents had claimed, nobody from Vrinda Grover's team had contacted them in this matter. "If she doesn't represent this case, we will take the help some other lawyer. But we will continue fighting," said the father. The junior and senior doctors had replied, "We have heard the matter. But we don't know the exact reason for ending up her legal association with the case. We have told the parents not to worry." As the next hearing would be on 17 March, next year, there would be plenty of time to find somebody appropriate in her place." As the case was being heard at the lower court there should not be any legal complications with Vrinda's desertion of the case . A group of lawyers were already representing this case in the lower court. The family had appointed two new lawyers.
On 11 December, Sealdah Additional Magistrate Session Court had recorded the depositions of two photographers of the Kolkata Police who had videographed Sanjay Rai's body while a government hospital forensic medicine doctor had been identifying the wounds on Sanjay's body.
"After 90 days, if this be the performance of the highest Investigating agency and the highest court of law, where will the common people go ?" - Aniket Mahato, Representative of the Junior Doctors' Front and a practicing doctor at the R. G. Kar Hospital.
One was the principal of the hospital. Another was the OC of a police station. After the murder and rape in R. G. Kar Medical College and Hospital, questions had been raised about both of their involvement in those incidents. But with the jail custody deadline period of 90 days, CBI had failed to submit any chargesheet against them. On that account, on 13 December, 2024 the Sealdah Additional Judicial Magistrate had granted them bail. Albeit Sandip wouldn't be allowed to come out of jail, because he had also been arrested in financial irregularities case by the CBI. The Kolkata Police fraternity were happy in view of Abhijit Mondal's bail against a bond of Rs. 2000 each. The CBI public prosecutor said in court, "We have no appeal against the accused. Today we aren't submitting any documents in court. The time limit of chargesheet submission is also over. Now the court may take whatever decision it wants to take ...." Immediately then the defence counsels, Zoheb Rouf and MD. Sajid had appealed for the bail of Sandip and Abhijit to the court on the ground of CBI's failure to submit chargesheets against them within the 90 days period. The judge had issued strict order of all kinds of co - operation from the accused side and mandatory appearance at each call of the investigating officer. The Court order mentioned, "The public prosecutor of the CBI has laid down that the CBI is not going to file any prayer of remand and today is the 90th day of both the accused being in custody and the CBI is not going to file the chargesheet for the time being though an investigation is going on regarding the involvement of both the accused in the commission of crime.
"It is found in the record that both accused have been in custody since 15/09/2024 and till now no chargesheet had been filed against both of these accused, though a chargesheet has already been filed against another accused namely, Sanjay Rai and the trial against the accused namely Sanjay Rai is going on before the court of Ld ADJ4, Sealdah.
"The provision of Section 187 of the BNSS has given statutory right to the accused to be released on bail if no chargesheet is filed within 60 days or 90 days depending on the factum of alleged provision.
"In this case no chargesheet had been filed against the accused namely Abhijit Mondal and Sandip Ghosh till today and today is the 90th day of them being in custody."
According to judicial system, CBI could file supplementary chargesheets against them at anytime. The extremely hopeless mother of the lady doctor had blamed CBI for failing to do it's job, "We are extremely disappointed. The CBI could not file a chargesheet within 90 days ! They did not do their work properly. We will seek legal recourse." The Chief Public Prosecutor of the Alipur Court, Radhakanto Mukhopadhyay said, "CBI will have to make sure that those two accused get exemplary punishment by submitting supplementary chargesheets against them. This is a highly sensitive and gruesome incident. CBI should proceed keeping that in mind." Although CBI had said, the trial procedure was already on the way against the main accused Sanjay Rai. In the next week Sanjay Rai and the chief investigating officer of the case would be questioned in the court. But Sandip and Abhijit were not accused in the main incident. So after submitting the chargesheet against them, the trial procedure would have to be started setting the charges. In the same court, two separate trial procedure of the same case would have caused delay in the main trial procedure. According to the CBI, the Supreme Court had fixed the time limit of R. G. Kar case trial. Any further delay wouldn't be allowed. 128 persons were in wait to depose. What a CBI officer said was, "After submitting the supplementary chargesheets in the accusations of evidence tampering, the two accused had tremendous chances of getting bail from the higher court. So submission of the chargesheets would not be able to stop their bail. Moreover this might have caused severe delay in the progress of the main trial. There are enough evidences against those two accused. Only to avoid these difficulties of the trial procedures, the chargesheets were not submitted." The officer also said that CBI would continue collecting more evidences against Sandip and Abhijit and submit those in the court at the "right time."
The broken-down man was sitting inside the pitch dark room. Depression was his only company now. On 13 December, Sandip Ghosh and Abhijit Mondal had been granted bails from the Sealdah Court. After hearing the news the bereaved parents were lost in the gloom of darkness. The angry mother asked, "We wanted to know the truth about the torture on our daughter. Was that a crime ?" A tremendous despair was in the father's voice, "After all these, we saw in utter disbelief that CBI was telling in court that they won't be able to submit supplementary chargesheets." Standing at the doorstep, holding the frame of the doors the mother says, "The chargesheets of so many cases are being submitted within time. The culprits are being sentenced. I am extremely frustrated in our case, we don't have anything else to say." She breathed a deep sigh, "I am not with CBI. Otherwise I myself would have done all the requisite things on behalf of them. Because of the state police's failure to act rightfully, we had depended on CBI. In the Supreme Court and lower court new lawyers have been appointed. Will talk to them. We are following the course of law. We won't give up." After a brief pause she says, "We are the parents. We won't get back our daughter. But we will try our heart out to know the actual truth." In that chilling cold of the suburban Kolkata, few neighbours were standing outside the house of the parents. "We are getting really surprised thinking Sandip and Abhijit had received their bail against the payment of the bonds of only Rs. 2000 !"
The movement had calmed down, that's why "CBI has got his chance", according to the victim's parents . So in a way to demand the justice for their murdered and raped daughter the lady doctor's parents had called out to the people to continue their movement on road. "As long as there were pressure, the investigation was on the right track. At that time all those responsible culprits were arrested. Had the movement continued like before still now, CBI couldn't have acted like this," they said. On 14 December, protesting the bail of Sandip Ghosh and Abhijit Mondal, junior and senior doctors and people from all walks of life had marched in two separate rallies in Salt Lake and Rani Rashmoni Avenue. The victim's parents took part in both rallies and said from now on they would take part in all the upcoming protest marches. From Salt Lake to Korunamoyee the march was organised by Junior Doctors' Front, Medical Service Centre, Service Doctors' Forum and the members of the nurse units. The protest gathering of Rani Rashmoni Avenue was organised by the Abhaya Mancha. CGO Complex march and meeting with the officials there were peacefully done. But chaos ensued surrounding the burning of an effigy. The police had forcefully doused the fire, during which clashes broke out between them and the protesters. The protesters alleged that police had beaten few protesters and broke one protester's spectacle. According to a junior doctor, "to prevent the ongoing secret understanding between the state and CBI and to snatch away the justice, this movement is the only way." In the meeting of Rani Rashmoni Avenue, the father broke down in tears and said if people came out on road like before, there wouldn't be any problem in getting justice. The bereaved mother said, "We request to the people of this country that you please come out on road. We will be beside you. CBI again will work properly." The Abhaya Mancha had fixed the deadline until Monday for the state government to give it's consent in the chargesheet against Sandip Ghosh. "Inspite of Supreme Court's order, the state government didn't give it's consent. We are giving them two more days. If the state government hadn't done it's job, we would start our sit - in at Dharmatala, lawfully," said Tamonash Chowdhury, the doctor who had taken the main initiative behind the Abhaya Mancha. The parents told they couldn't think that they would have to come out on road all these times to seek justice for their daughter, "We are shocked. Still we will say this to the people of our state and country that giving up hope won't do any good. Protest movement is the only way to claim the justice."
As mentioned earlier, after the post mortem the final FIR (FIR no. 52) was written following so many shuffle and reshuffle of the version. And it was written that "Unknown miscreants committed willful rape and murder." This had called for great controversy. In the court of law there was nothing called "Willful rape", cried out many advocates. What CBI claimed, while changing and rechanging the versions of FIR, this line was left unnoticed. CBI had found one mail from Sandeep Ghosh, sent to the Tala Police Station. In that mail, according to CBI, it was written that an unconscious body was lying within the hospital premise. The question raised here was, since a common man would have understood after one look that it was a dead body, then how could a senior doctor like Sandip Ghosh couldn't realise that ! On this aspect CBI had found some evidences about Sandip's conversation with many high ranking officials. They had also found evidences of disturbing conversations between Sandip and Abhijit. Both of them had deleted few call records related to this issue from their phones, CBI had come to know. After retrieving those calls, they were sent for forensic analysis, the report of which had arrived. In those reports clear evidences had been found that several attempts had been made to influence the entire autopsy and post mortem procedures. And the forceful cremation of the body in a hurry was the final part of this high-handedness of Sandip Ghosh and his influential cronies. Later in the series of faults in the making of seizure list, the desperate omission of the true location where Sanjay Rai's bluetooth collar was found was identified by CBI. On 16 December, the investigating officer of the case Seema Pahuja had deposed in the court.
On 16 December, the Supreme Court wanted to know the opinions of the centre , states and the union territories regarding the Public Interest Litigation's demand for chemical castration of the rapists and the ban on open pornography in the light of the R. G. Kar Hospital murder and rape incident. Justice Surya Kant and justice Ujjal Bhuiyan had heard the senior advocate Mahalakshmi Pavani who appeared for the Supreme Court Women Lawyers Association. Then they issued primary notices to the centre and the states. The notices had asked for guidelines for ensuring a safe environment for women, children and transgender of India. Chemical castration is already in practice in few states of USA and some other countries, according to petitioners. Advocate Mahalakshmi Pavani said countless sexual assaults and violence forcefully remained hidden. Time had come to drag those hidden scars in front of the society and deliver equally merciless punishment to the rapists and violators of women's chastity. Mahalakshmi also took the reference of the 2012 December horrible rape and murder of the 23 year old woman Nirbhaya in Delhi. That incident had initiated many amendments in the law and order system but ultimately failed to prevent the sexual predators from committing all kinds of gruesome sex crimes. Now the desperate hours called for desperate measures like chemical castration, ".... the gang rape - cum - murder of a 31 year old trainee doctor in Kolkata of R. G. Kar Hospital and Medical College shows that nothing has improved since 2012," the PIL mentioned. "It was submitted that, in light of the global trend and success in reducing the recidivism rates, chemical castration must be implemented in India as a mandatory punishment for sexual crimes," the petition mentioned.
On 19 December, the parents of the lady doctor had moved the Calcutta High Court for the re - investigation of their daughter's murder and rape, after having been disillusioned at the ongoing investigation and the trial procedures of the matter. "We are not satisfied with the way the CBI is conducting the investigation. We want a re - investigation." This had prompted the High Court to ask the CBI whether they would be able to submit a status report of the investigation in the next hearing on 24 December, or fortnight later. The grounds of dissatisfaction that the parents had mentioned in their petition were, "Four junior doctors were with the victim for some time on the night of the murder and rape. Why only two of them were made to depose during the trial, and the other two left out ? The family is not happy about it," according to a source close to the family. The petition also mentioned, why the non - medical assistant superintendent of R. G. Kar Hospital who had informed the parents that their daughter had committed suicide in the morning of 9 August, was not held an accused ? The parents also wanted to know at whose behest that assistant superintendent had made that phone call. The parents also questioned about that three and half hours, they were made to wait before getting to see their daughter and the reasons behind her quick cremation. "No investigation with regards to 151 gram fluid as mentioned in the PM report," the petition said. "Your petitioners state that the trial of the entire case is being proceeded in an expeditious manner with the available records .... Unless further investigation is directed and is conducted under the supervision of this Hon'ble Court, the other suspects will not come under the net and the entire trial shall be vitiated due to unwarranted and non - conclusive evidence." The parents also expressed their dismay at CBI's failure to name Sandip Ghosh and Abhijit Mondal in their chargesheet. Until now the CBI chargesheet had named only one accused, Sanjay Rai, the civic volunteer arrested by the Kolkata Police.
In the afternoon of 20 December, the Sealdah Additional Sessions Judges' Court had accepted the first stage deposition of Sanjay Rai. Until now 51 persons had deposed in this trial. If Sanjay presented any new information to the court, the judge will consider that. If Sanjay could provide any extra information outside the periphery of the ongoing trial, the judge would consider that too and pass order to start investigation regarding that. If Sanjay complained against any person, the judge might summon that person to his courtroom and himself may interrogate that person. Advocates claimed, during the police and CBI custody, Sanjay's written statements had been collected by both the bodies. Almost at the last stage of the trial procedure the judge would see if Sanjay had any complain against any person. The judge would also go through the statements of Sanjay that were collected by Kolkata Police and CBI. According to the former state government counsel of the Alipore court, Radhakanto Mukhopadhyay, "According to the section of the law, after claiming himself innocent and a victim of the situation, if Sanjay complains against any person, the Judge may give him the opportunity to prove his complain."
After expressing their dissatisfaction at the CBI investigation and the Supreme Court trial procedure, the victim's parents had made an appeal to the High Court, Kolkata for a fresh new trial of the case. But in view of the trial already under the suo moto cognisance of the Supreme Court, the High Court judge, Tirthankar Ghosh refrained from asserting his authority on the same. But the parents without being disheartened at that said, "The questions and confusions against which we had appealed for a fresh trial, the High Court had recognised those issues. Now let's see what happens."
24 December was the first hearing of the new trial at the High Court. The next hearing would be on 15 January, 2025. On the 24 December hearing, the CBI counsel Rajdeep Majumder informed, the trial was already going on under the Supreme Court. There, after the composition of the chargesheet, three status reports had been submitted. Then the parents' counsel Sudipto Moitra claimed, there was no such directive that the trial was going under Supreme Court's supervision. Then the judge wanted to know, in the High Court division bench and Supreme Court, what were the appeals of the victim's parents ? On behalf of the family the reply came, in the division bench the appeal was made for the proper investigation of the matter. And at that time the then division bench of the judge had passed the order for the CBI investigation. After hearing the both side's version, the present judge Tirthankar Ghosh had asked, "I want to know High Court or Supreme Court, under whose watch this investigation is going on ?" Counsel Rajdeep said, "Under the supervision of the High Court Chief Judge's division bench this trial had begun. Since the Supreme Court voluntarily had interfered in the trial and at present the trial is going on from there, that's why the High Court had kept the case as under trial." The judge Tirthankar Ghosh then told the parents, "I can interfere in the trial procedure of the lower court. But according to judicial discipline if the higher court or any higher bench watches the trial, in that case I don't have the authority to accept the trial. Whether the trial is going on under the supervision of the court, without being clear about that I cannot accept the hearing of this trial. After receiving the sufficient explanation of the Supreme Court or the Chief Justice bench I shall accept this case. I have no problem with hearing this case. But proper explanation for doing so should be there." The lady doctor's father said, "Today I'm beginning from door to door of the courts for the justice. As the movement has calmed down, the investigation has also slowed down."
A twelve page forensic report issued by CFSL after almost two months of painstaking observation and inspection of the evidences had got leaked in the public domain. Importantly this report was being studied at the Sealdah Court in the ongoing trial of the lady doctor's rape and murder. The report said, "Evidences of possible struggle shown by the victim to the assailant or fight in between them (in this case under reference) found missing in the shown area of occurrence i.e., wooden stage mattress and adjoining area inside the seminar hall." This particular portion had raised the obvious question, then was the doctor tortured, killed and raped somewhere else actually and then was brought to the seminar room ? CBI officers said they had "no confusion" about the report. "The report nowhere mentioned the woman was raped and killed somewhere else. The absence of a struggle mark on a wooden platform does not mean there was no struggle at all," according to a CBI officer. Another CBI officer said, the report also mentioned clearly, there was "less possibility" for a person to enter the third floor seminar room without being seen by the "official attendees" who were present round the clock at the "operational hospital corridor" and "the doctor's duty nursing station area." "If the report suggests that there was little possibility of someone entering the seminar hall unnoticed, then, logically speaking, the chances of the assailant carrying the victim's body through the corridor would be even more remote," said a second officer rejecting the disparity between the earlier findings and the submissions. The CFSL report was made after several visits to the crime scene and considering the inquest report that was videographed in front of the forensic doctors, representatives of the junior doctors and police personnel, according to the CBI officers. The verification of the findings of the CFSL report was done by a Multi Institutional Medical Board (MIMB), which consisted of foresnsic experts, senior doctors and scientists. According to the sources in the CBI, this medical board was headed by Adarsh Kumar, a professor in the department of forensic medicine of the All India Institute of Medical Science. He made several visits to the crime scenes and even deposed in the court trial. "Despite having a team of experts to the vet, the CFSL report, a few portions of the report, such as the Bluetooth findings and the CCTV hard disc analysis report, were verified by the Chandigarh CFSL and some portions were verified by the other institutions that specialised in the respective fields. The idea was to get the findings verified from institutions across the country, so that there was no margin for error," according to a CBI officer.
Could those deep wounds inside the private parts of the lady doctor be the result of blunt instruments penetrations ? The specialist doctors' team MIMB had already mentioned that in their report, sent to CBI. In the post mortem report of the lady doctor, the experts had shown that after penetrating blunt instruments, the lady doctor's private parts were dangerously tortured. The terrible wounds inside and outside of the lady doctor's private parts indicated towards that. Exactly those types of wounds were found inside the private parts of Nirbhaya in Delhi, 12 years ago in the December of 2012.
In the MIMB team, especially made for the detection of the R. G. Kar incident, consisted of orthopaedics, general surgeons, gynaecologists and forensic doctors, deputed from different hospitals. The team under the leadership of Adarsh Kumar, the forensic expert of Delhi AIIMS had conducted four meetings. After that on 21 September, they had sent the answers to all the possible questions regarding this post mortem in a report to the CBI. The experts had very clearly mentioned in that report, apart from blunt instruments, other parts of human body (one or more male genitals) had also been penetrated forcefully inside the lady doctor's private parts. Here a large portion of West Bengal doctors had shared their thoughts since semen was not found inside lady doctor's private parts. And there the possibility of forceful penetrations of the blunt instruments became much stronger. According to a doctor, "How cruelly that lady doctor was tortured is evident in the report. After that there are confusions in CBI investigation !"
The report said condoms might be used on the male genitals while penetrating the doctor's private parts. That was why no semen was found there. According to opinion of a forensic expert of Kolkata, "What has been said in that report are very reasonable. Else, according to the post mortem report how could those types of wounds were created inside the private parts ?" The sources said following the DNA report of Sanjay Rai, no sign of his semen was found either on the lady doctor's garments or on the evidences collected from the seminar room. But the saliva specimen collected from the lady doctor's body had matched with that of Sanjay Rai in the DNA examination report. But was it only Sanjay, or someone or some others had recruited him to execute the job ? And why she was tortured in her private parts with blunt instruments in such a way ? What kind of possible rage or revenge mentality could have been behind those kinds of cruelties ? According to the protesting junior doctors' complaints, "These confusions were not getting clear because CBI was not making anything clear. In the background of this secrecy, someone or more persons were being protected, it seemed."
After coming down from third floor, a human being had crossed 600 meters distance in just 43 seconds ! According to the CCTV footage, this particular movement of Sanjay Rai was raising questions. Confusion had been created about the two timings shown on the CCTV footages of R. G. Kar Hospital and Shyambazar five points. According to the protesting doctors whether CBI was doing anything about these kinds of faults and dissimilarities, found in the evidences, was not clear. The doctor Tamonash Chowdhury said, "Sanjay is not Superman that he will cross this long distance in just 43 seconds. We have informed CBI about these faults and dissimilarities. The young lady doctor had been murdered. But nobody has murdered her. To avoid this kind of a conclusion at the end, CBI will have to go deeper in it's investigation." According to the sources CBI had already collected the footages of the Trauma Care center and the Emergency Building's Chest Medicine department. Simultaneously, Kolkata Police's 51 CCTV cameras had also come to the CBI's hands where from the afternoon of 8 August till 5 am of 9 August, the movement of Sanjay Rai had been noticed. In those footages it was seen that Sanjay Rai was coming out of chest medicine department at 04:32:30 hr. And that footage had been captured by the CCTV cameras of the third floor chest medicine department. And one ASI of Kolkata Police had identified that person as Sanjay Rai. In the Kolkata Police's CCTV footage it was also seen that at 04:33:13 hr. Sanjay was crossing the Shyambazar five points on his motorcycle. There the mystery lied. After coming down from the third floor of the hospital, the person walked upto his motorcycle, then rode that upto Shyambazar five points and rode beyond in just 43 seconds ! Pointing to this glaring dissimilarities a larger portion of the doctors had complained, "from these dissimilarities it is becoming clear that desperate efforts are being put to cover up someone in particular."
On the 31st December night the parents had made the appeal to every conscientious citizen to make a pledge to carry on the fight for their daughter's justice by staying on the road. Expressing their anguish towards the West Bengal government they said, "without opposing the government, it is not possible to snatch away the justice." The father complained, the Bengal government was still trying to shield the actual culprits. In doing so they in secret understanding with the CBI had started the hasty trial at the lower court and was bringing a hasty end to it. "Through all these, the movement is being misdirected. That's why ordinary people had to remain alert. They will have to protest against the obnoxious activities of the government. So that the government becomes compelled to address white as white and black as black." On 31 December, the last day of the meeting jointly run by West Bengal Joint Platform of Doctors and Abhaya Mancha, the parents had come. The bereaved mother said, "My daughter was my whole world. 2024 had snatched away my world from me. Tomorrow the new Sun of a new year will rise. We will have to take solemn pledge so that no other parents won't have to see this kind of incident." The mother also complained, as soon as the people's movement slowed down, the government had again started it's heinous activities surreptitiously. The parents said, "There's nothing to like in the new year. Our daughter's all the dreams had died. Now our only demand is justice. From court and road we will snatch away our justice. The incident had taken place in a small place. We are saying from the beginning that chest and orthopaedic departments' persons are involved in this. Nobody is doing anything."
Excessive work pressure had made her physically and mentally exhausted. Still relief hadn't come. Moreover she was warned by her Super that disobeying his dictat would cause her exactly what had happened to the lady doctor of R. G. Kar Hospital. A lady doctor of Santipur State General Hospital had made written complaints stating all these to the local police station and the district health department. "I had raised concerns over being denied duties in my specialised field as an MD in pathology. I had problems when the hospital superintendent had insisted that I undertake night duties despite the absence of adequate security at the hospital and restrooms for women doctors on duty at night," the doctor said. She also complained about the superintendent, "He further threatened to take matters into his own hands if I did not comply with his instructions. The threat left me terrified and insecure...." The accused hospital super Tarak Barman said, "the higher authority will say everything." He also denied meeting the doctor on that day the incident took place. The health director Swapan Soren became incommunicado by avoiding the phone calls and messages. A team of five members had been instructed to investigate into the matter and present the report within seven days by the district health department. On 3 January, the Nadia district's chief health director Jyotish Chandra Das said, "that complaint had been forwarded to the state health director. What has happened is being investigated. For the time being the lady doctor had been instructed to stay at home." In the last September the lady doctor, an MD in pathology was transferred to Santipur State General Hospital from Burdwan Medical College in pathology department. According to the complaint she was being burdened with inhuman work pressure. She had to attend "on call duty" at different departments. She had problems from mental depression, blood pressure and asthma. On that, carrying on this excessive work load, she had fallen ill several times in the hospital. She had even informed the authority about her life risks. And that the roster committee hadn't cooperated with her. "Since I joined, I have not been assigned any pathology duties. Instead I have been forced to handle patients requiring specialised treatments in domains like cardiology, neurology, paediatrics and general surgery. This is highly irregular and dangerous given my lack of training in these areas. This fear has caused tremendous mental stress to me and I fell sick. After which I went through counseling sessions," complained the lady doctor. A resident of Halishahar in North 24 Parganas, the lady doctor happened to be a single mother whose son had been a patient of autism. On 3 January, the doctor had said in the phone message, "I'm ill. Not in a position to talk. Will talk tomorrow." Nobody from the hospital's roster committee had responded.
The counsel for the victim's family, on the basis of the investigation report and forensic report had placed several questions in front of the judge. Regarding the avoidance of second post mortem, the delay in filing the FIR and the CCTV footage about the movements of the four colleagues of the doctor on the night of the incident, the family had submitted 35 questions. The family's lawyer Amartya Dey said, "from the side of the victim's parents, few documents including these questions had been submitted to the judge." According to the source, the post mortem doctor Apurba Biswas had written in his post mortem report, with reference to the beginning of post mortem at 06:10 hr in the evening of 9 August, the victim had died within the previous 19 hours. She had food last time 4-5 hours before her death. Mentioning this aspect the victim's parents had questioned that on the night of the incident three of their daughter's colleagues had dined with her. But none of them were in the seminar room. Naturally this matter came under investigation. But why till now those there doctors had not been taken into custody and interrogated ? This had also been claimed, in the Tala PS, the then police commissioner Vineet Goyal had put the parents on his personal phone and the parents had talked to the chief minister. This was quite unnatural, because prior to the inquest and post mortem, the chief minister would not talk to the victim's family in general. Moreover, there was lot of hesitancy on the chief minister's part regarding meeting them. The question that the victim's parents had raised in court were :
The bereaved parents had made the appeal at the Supreme Court to ensure that CBI investigated properly. Also the appeal had been made to ensure the High Court's supervision and monitoring in that investigation. On 8 or 9 January the case would be filed. Advocate Karuna Nandy would stand on behalf of the parents at the Supreme Court.
The Sealdah additional district sessions judges court that had been hearing the trial since 11 November, 2024, would be delivering the verdict on the murder and rape case on 18 January, 2025 at 02:30 p.m.. CBI had demanded the highest punishment, death, for the lone accused Sanjay Rai to the court. It had addressed the crime as rarest of the rare cases. But all these proceedings were only bolstering the anxiety and frustrations of the victim's family. "How can a verdict come when there hasn't been enough investigation ? Several others besides Sanjay are involved and they should be brought to book," said the father. The lawyer of Sanjay Rai said till the last that his client had been framed and the chargesheet CBI had submitted against Sanjay could not lead towards any conclusion. CBI itself had told the court that there were enough reasons that supported this conclusion that Sanjay Rai was the lone accused in this case. Even the experts assisting CBI in this case had also said that all the evidences pointed towards one thing that only one person had committed the murder and rape of the lady doctor !
On 9 January hearing, Sanjay Rai was brought to the Sealdah Court. After the hearing and the announcement of the date and time of the verdict, the parents and their counsels came out of the court and expressed their discontent. According to the mother, "What the Kolkata Police had done within five days, CBI couldn't do that in five months. Sanjay is guilty but for him alone it was not possible to kill my daughter. In a crowded place like a hospital an outsider came and nobody could know anything about that, it was not possible. Some others from the hospital are definitely involved in it. Let the truth come out and let the true culprits be punished. We will get our ultimate solace." Regarding CBI she said, "We didn't want CBI specifically but a good Investigating agency." On the day, the court had documented the responses of CBI in answer to the several questions from the defence counsel. On 8 January the defence counsels had raised questions regarding the proceedings of the trial at the court. The judge had recorded that. According to Sanjay's lawyer, there was no concrete evidence regarding whether Sanjay had gone to the third floor seminar room on the night between 8-9 August. Besides, in the CCTV footage, Sanjay was seen in front of a verandah and a lift. But that verandah and lift belonged to which floor, were not clear In that footage. "No semen was found in the private parts of the victim. So whether Sanjay had committed the rape or not, was not clear. In the CFSL report, the presence of several persons had been indicated, but only Sanjay was accused," said Sanjay's lawyer. The only hope remained was the CCTV footage of 930 hrs. was still being examined at the CFSL. Recently a detailed report of the investigation had been submitted to the court by CBI. According to the Service Doctors' Forum General Secretary, Sajal Biswas, "after destroying so many evidences, the presence of different DNAs on the victim's body, the movements of 68 persons in the CCTV footage, if CBI doesn't submit the supplementary chargesheet after carefully investigating these issues, the coming verdict will become something to laugh at." The victim's father said, "CBI had admitted to the court, in future, supplementary chargesheets will be submitted and several culprits will be brought forward."
CBI would wait for the 18 January verdict before deciding on the submission of the supplementary chargesheet, according to a source of CBI. "We will wait the next few days for the verdict in the rape and murder case to come. The probe is not yet over and we are preparing our case against Sandip Ghosh and Abhijit Mondal," according to a senior officer on 11 January. The senior officers said, CBI was collecting the physical and material evidence against Sandip Ghosh and Abhijit Mondal. Investigators of CBI had told the Sealdah Court in December, they were not submitting any chargesheet against Sandip Ghosh and Abhijit Mondal for that time being. That didn't mean, they wouldn't submit the same in the future too. "A lot of work goes into drawing up a chargesheet. The one on the murder and rape at the R. G. Kar Hospital had enough material and circumstantial evidence, foresnsic reports, opinions of experts, the statements of over 100 witnesses and DNA reports. We want to similarly gather enough evidence, explore all possibilities during our subsequent investigation and present our case before the court," said an officer. According to a senior Kolkata Police officer, "The investigating officer of the case will have to submit a final report before the court under the Bharatiya Nagarik Suraksha Sanhita (BNSS) defining the status mentioning whether the probe has been concluded or if there is scope for further investigation." Section 193 of BNSS said, a police officer must inform about the completion of his investigation and the details about the investigation report. CBI had also objected against the bail plea of Sandip and Abhijit after informing it had evidences against them. "No one is satisfied with the CBI probe and we believe there is scope for more. I believe the agency will submit a supplementary chargesheet in the case. We will wait and watch how things play out," said the father of the victim.
On 18 January, after 69 days of hearing, the Sealdah Additional Sessions Court Judge had found the lone arrested Sanjay Rai guilty of murder, rape and hitting the victim in a way while raping that could lead to the victim's death. The former civic volunteer of Kolkata Police, Sanjay Rai had claimed, he had been framed. Leaving the other actual culprits, he was being victimized as the guilty. He had placed several logics behind his innocence. Still many questions had remained unanswered in this case, regarding which people outside the court had raised their voice. When the others would be convicted ? When they would be tried ? Would they be tried at all ? The victim's parents, present at the court room said, "we would be waiting for the others, involved in the crime, to be tried and punished."
The Additional Sessions Judge of the Sealdah Court entered the court room. He wanted to know who were the counsel representing the accused.
The accused stood inside the box for convicts.
The Judge : Sanjay Rai, there was complains against you that on 9 August, 2024, you went to the R. G. Kar Hospital after 4 am and in the seminar room there, you had attacked an on duty doctor who was sleeping at that time. You had throttled her neck and covered her mouth with your hands. As the result of your attack she died and then you tortured her sexually. In view of these incidents charges were formed against you according to the sections 64, 66 and 103(1) of the Bharatiya Nyaya Sanhita. The witnesses who had deposed and the documents that had been submitted, depending on those, crime had been proved against you. With reference to that you had been found guilty in these crimes. Do you have anything to say ?
Sanjay : I am innocent sir. You have seen the entire matter. I have been framed. I was wearing a rudraksh necklace on my neck on that day. Had I gone there, the necklace would have got torn apart in physical struggle. As a result, rudrakshas would have got scattered over all around. That I am being framed, you are also realising. Because I am a poor man, I am being victimized. Sparing the others, I had been arrested.....!
The Judge : As far as I have understood, whatever was my observation, the witnesses the CBI had produced or the way your counsel had interrogated, based on those it seemed to me, everything has been proved. That's why I have found you guilty. Today I am sending you to jail. You will come on Monday. Whatever you have to say, you will say on that day. Then I will decide what kind of punishment can be delivered to you. You have got to be punished. What will be the punishment, that I will decide on that day.
Sanjay : I didn't do anything. Those who did, why were they spared ? I am only being told, you will say everything on this day, on that day. But never I am being allowed to say anything. One IPS officer had told me this same things too .... !
The Judge - Take him away.
Sanjay - Don't push me. I'm warning you. (Addressing the police men)
The Judge started explaining based on which documents he had found the accused guilty.
The victim's father - (Looking at the Judge he started saying) The faith that I had reposed with you, you had honoured that completely. For that I don't know, what to say. I don't need to thank you any further.
The Judge : Thank you every one. On Monday the guilty's statement will be heard from 12 noon onwards. Around 2 pm the sentence will be declared.
In the beginning of this day's proceedings, the Judge wanted to know whether the Supreme Court had sent any order in response to the victim's parents' appeal to issue a stay order on the ongoing hearing at the lower court, or not. After coming to know that no such order had come, the Judge against his query, couldn't find anybody representing Sanjay Rai in the court. Then he ordered to bring Sanjay Rai directly to the court. At that time negotiating the jam packed court room on the second floor, Sanjay was brought by police.
The Judge explained, "this trial stands on the surrounding documented evidences.
Afterwards, the Judge said, "I have condemned the negligence of the hospital and police in the collection and submission of the evidences. I have mentioned that few activities of the then principal and the medical superintendent had created few doubts in my mind. The questions that the complainants had presented, I had tried to answer them." Still after the verdict session, several doctors associations had demonstrated in the court compound. Many of them questioned, the victim's mobile phone and laptop were sent for foresnsic analysis. Were those reports examined in the trial proceedings ? Was the victim's viscera report examined ? Why all of those whose names were on the list of witnesses, not questioned ?
After the verdict, several questions were being raised about the progress of the investigation of the evidence tampering. On the verdict delivery day, a section of the CBI officers had mentioned the verdict as the first step of the trial. Very soon the CBI was going to submit the supplementary chargesheets. The last hope for the victim's family. After the end of the Sealdah Court trial the answers to the questions remained in the dark :
CBI on one hand, had been progressing based on Kolkata Police's reports and the forensic reports regarding Sanjay Rai's involvement in the crime. And on the other hand, they carried out investigating the evidence tampering. The court had now started questioning the justification of the CBI's demands regarding the above misdeeds. According to the CBI officers, the evidences tampering investigation was still going on. The victim's family had made an appeal for a stay order on the declaration of the verdict at this point of time to the Supreme Court. But the Supreme Court didn't agree on that.
On 18 January, The West Bengal Joint Platform of Doctors, Junior Doctors' Front, Abhaya Mancha had planned to bring to the people's notice the truths and the lacuna in the CBI investigation that still remained unanswered in the concluded trial. But the police didn't give them permission to hold any gathering at the court compound under the section 163. Around 12:55 pm the victim's parents, uncle, aunt and elder brother had boarded the Gede local train from Sodepur station towards Sealdah. Around 01:35 pm they arrived at Sealdah station and proceeded towards the Sealdah Court on foot. Their advocates had escorted them from the station to the court. People at the court compound started shouting slogans, "We aren't leaving the road", addressing them. The father said with folded hands, "everybody had cooperated with us. Tried to bring justice. We are grateful." In the afternoon after coming out from the court, the parents said, "we have crossed only the first step in getting the justice. More steps are to be crossed. The way the Judge had observed our matter, we are grateful. We have nothing to be joyful about the fact that Sanjay had been found guilty. Because our daughter will never come back. We have lost everything. We want the others responsible, to be punished also."
On 20 January, the Judge of the Sealdah Additional Sessions Court, Anirban Das had sentenced Sanjay Rai to life imprisonment until death. Because the Judge at the end of the hearing, before the declaration of the sentence had said, "this trial in no way is coming under the rarest of the rare category." His comment immediately created huge uproar inside the court room. But Sanjay was seen taking a sigh of relief with his eyes closed and face lifted towards the ceiling. Out of the three sections under which Sanjay Rai was charged, section 66 determined life sentence until death. "From the investigation and the evidences that has been presented before me, I feel this is not rarest of the rare," the Judge read out. The Judge's written order continued, "Referring to the landmark Bachchan Singh case, which established the guidelines for imposing the death penalty, it is evident that this case does not meet the stringent criteria for being classified as 'rarest of the rare.' The Supreme Court has consistently emphasized that the death penalty should be used only in the exceptional circumstances where the collective consciousness of the community is so shocked that it expects the holders of judicial power to inflict the death penalty.
"Given these considerations, it would be inappropriate to accede to the prosecution's request for the death penalty.... The court must resist the temptation to bow to the public pressure or emotional appeals and instead focus on delivering a verdict that upholds the integrity of the legal system and serves the broader interest of the society."
The court also mentioned the deposition of the investigating officer Seema Pahuja who had confirmed the seminar room as the crime scene and denied repeatedly that CBI was not in a "blindfolded" way following the Kolkata Police's investigation. She also said that Sanjay Rai was not falsely implicated in order to shield the actual culprits in the crime. The Judge's written order continued, "She strongly denied the prosecution suggestion that the seminar room of R. G. Kar Hospital (chest medicine department) was not the actual scene of crime or that she did not make any endeavour to locate the actual scene of crime and that she had blindly followed the investigation conducted by the Kolkata Police or that this accused was falsely implicated to shield the real culprits behind the incident." The sentences that were delivered to Sanjay Rai were,
Previously, the Judge told the parents of the victim that the state would reward them with a compensation which would be RS. 10,00,000 for the murder and RS. 7,00,000 for the rape. His written order said, "Here in this case the daughter of the complainant is the sufferer and she lost her life and she left behind her parents and as such they come within the purview of the definition of 'victims' as per the provisions of the BNSS. In the instant case, since the time of death, of the daughter of the complainant, they are passing their days with trauma and they are visiting the court to get justice every day.
"Their pain and sufferings cannot be compensated with any liquid cash but at the same time I think that as the death of the victim was caused while she was on duty, the state has the liability to pay compensation which will be in addition to the compensation ordered, u/s 395 BNSS." Then the father of the lady doctor stood up and said, "We didn't come here for the compensation. I have only asked for the justice for my daughter." The Judge said about his sentence, "What the entire matter had seemed to me, whatever I have understood. If you think you can go to the higher court."
12:40 pm - The Judge entered into the court room.
12:45 pm - Sanjay Rai was presented at the box.
12:46 pm - The Judge - Sanjay whatever complains had been filed against you under some sections, have all been proved. Regarding your punishment do you have anything to say ?
Sanjay - I am being framed, sir. So many evidences had been destroyed. Had I done all these, after destroying all these evidences would I leave this small evidence untouched ? After my false implication, I wasn't allowed to say anything at anywhere. I had been severely tortured and beaten in the lock up, I had told you before. Anybody would make me sign anywhere. After taking me into CBI custody, I had been harassed for physical examination. But nothing had been found.
The Judge - An entire day, for almost three hours I have heard your statement. The documents that had come to me, only on the basis of those I can judge. After observing I thought whatever was brought against you, were true. If you have anything to say regarding your punishment, say that. Who else are there in your house ?
Sanjay - My mother.
The Judge - Had your family members contacted you during the trial ?
Sanjay - No.
The Judge - Don't you have any communication with your family members ?
Sanjay - I used to live in a police camp.
The Judge - Since your arrest , had anybody visited you ?
Sanjay - Police didn't allow.
12:51 pm - The Judge wanted to hear the CBI counsels' statements.
CBI counsels - This is a 'rarest of the rare' incident. All the documented evidences are showing that the convict is guilty. In this case the highest punishment should be capital punishment. By delivering the highest punishment, this kind of trust should be established in people's mind that in future no parents will have to worry when their daughter will step out of her home.
12:55 pm - The Judge wanted to hear the statement of Sanjay's counsels.
Sanjay's counsels - Can we call this case a rarest of the rare ? Instead of the death sentence, let the guilty have a chance to correct himself. Hasn't the guilty any opportunity to correct himself and return to the mainstream of the society ? Although the evidences are enough to prove a person guilty, still whether the same is enough to hand over the capital punishment to that person, needs to be evaluated. ( After mentioning some records of the Supreme Court cases) Whatever residual doubts are left here, that should be kept in mind.
The Judge - Time is limited. Make it quick.
Sanjay's counsels - This is our last chance to give our statement, sir. (After showing some research books on the history of death penalty), If minimum residual doubts are left, the capital punishment should not be delivered. May be afterwards when the truth will come infront of us, this person will be long dead by then.
01:10 pm - The Judge wanted to hear the statement of the victim's counsels.
Victim's counsels - The convict has tried to say so many things in the court. But all the evidences went against him. In view of that, we are demanding the death sentence.
01:12 pm - Sanjay's counsels - The investigation is not finished yet. Which new angles will surface afterwards, we don't know.
The Judge - (Irritatingly), Your statements are becoming controversial. What exactly do you want ?
Sanjay's counsels - We appeal for any substitute punishment apart from death sentence.
01:15 pm - The Judge announced that the punishment would be delivered at 02:45 pm.
02:45 pm - The Judge entered into the court room.
The Judge - (Addressing Sanjay Rai) CBI had demanded for your death sentence . Your counsels had pleaded against your death sentence. It seemed to me, that this trial in no way falls under rarest of the rare cases.
The Judge delivered the punishment.
The Judge - (Addressing Sanjay) The copy of the verdict will be given to you. If you think, you can appeal to the higher court.
Why finally the R. G. Kar case was not treated as a 'rarest of the rare' cases ?
(These were the observations made by the Judge Anirban Das, written on the copy of the judgement.)
At 12:40 pm when the Judge ordered to present Sanjay Rai in his court room, the place got crowded in such a way that the court employees had to announce repeatedly to stay calm. The Judge also had to announce, "Let us carry out the trial. Kindly stay calm." CBI counsels Anurag Modi and Parthsarathi Dutta said , "this incident had created worldwide effects.
"It is our misfortune that we were born in this country. Here the justice never comes," chided the father of Nirbhaya. In the evening her mother said, "since they are not holding it as a rare incident, then why they are not releasing the convict ? This judgement doesn't have any meaning !" On 16 December, 2012 their daughter was brutally raped, tortured and murdered in a running bus in Delhi. At present, the parents were at the Prayag to attend the Maha Kumbh. In the afternoon of 20 January, the mother said over the phone, "the girl had been subjected to unspeakable cruelty. Her eyes had erupted and bled. Isn't it a rare incident ? Then what exactly is a rare incident ? Not being able to establish this incident as a rare incident in the court is, I think, the pathetic failure of CBI and police . But is that a failure or success of the state government - I cannot say." In this context the mother of Nirbhaya vehemently criticised the West Bengal government. From evidence tampering to marauding the R. G. Kar Hospital on the night of 14 August, 2024 - they had kept track of the entire series of incidents. And they had already understood very well that all those efforts were made to save the actual culprits. Even 12 years after their daughter's death , still the daughters of this country were not safe - this thought never let this Delhiites couple live peacefully. "We believe, the High Court of Kolkata and the Supreme Court of this country will atleast stick to the life imprisonment until death . Otherwise the politics that went under playing behind this incident, all the evidences had been erased completely. Surely this is not one man's job. But police, CBI couldn't capture the rest till today." The father thought the denial of death sentence by hanging would cause much frustrations and anger among the people of the country. "The punishment of death by hanging perhaps would pacify the collective agony to some extent. Still now, the opportunities for appealing for life to the High Court, Supreme Court and the President are open. In truth, in this country, the rich and powerful make the government dance to their tunes. That's why, the people never gets the justice." In last August , the parents of Nirbhaya had talked to the lady doctor's parents in Kolkata over phone. All along they have stood beside the lady doctor's parents.
The second phase of the fight for the lady doctor's justice has begun.