R.G. Kar Probe | 5 Questions for Bengal Police, Authorities and CBI, Based on Court Observations

The West Bengal government has approached the Calcutta high court to challenge the Sealdah sessions court’s life sentence for civic volunteer Sanjoy Roy, convicted of raping and murdering a trainee doctor at R.G. Kar Medical College and Hospital in Kolkata. 

Although chief minister Mamata Banerjee and the ruling party – Trinamool Congress (TMC) – have portrayed this as a failure of the Central Bureau of Investigation (CBI) and a success for the Kolkata Police, the court flagged several critical concerns.

Here are the court’s observations:

Observation 1: An officer and a phone

The court’s order criticised senior officer Rupali Mukherjee and noted that she had failed to properly conduct the investigation. 

According to the court, the officer claimed to have seized and then returned the phone to the accused and then seized it again upon his arrest, despite the fact that he remained in police custody throughout this period. Judge Anirban Das expressed surprise at the defence counsel’s failure to question her during testimony.

Observation 2: Officers of Tala PS

Tala police station, which had the jurisdiction of R.G. Kar Medical College and Hospital, was severely criticised by the court for its officers’ indifferent attitude. 

Abhijit Mondal, the officer-in-charge during the incident, was arrested by the CBI on charges of conspiracy to cover up the incident. However, he was granted bail in December 2024 due to the CBI’s failure to file a chargesheet within the stipulated time frame.

Observation 3: Sub Inspector’s illegal acts

In his order, the judge severely criticised the conduct of the sub inspector (SI) at Tala police station, deeming it illegal. The testimony of SI Subrata Chatterjee revealed glaring procedural irregularities, including the delayed filing of the case. Despite the incident being reported over 13 hours earlier, the case was not filed until after 11.30 pm on August 9, 2024. 

Furthermore, critical entries in the General Diary (GD) book, such as GD Nos. 542 and 452, contained inaccurate timestamps, with one entry recorded at a time when the officer was not even present at the police station. Multiple pieces of evidence strongly suggested manipulation of official records by order.

Observation 4: A cover-up

The court observed that there was a concerted effort by the R.G. Kar Hospital authority to portray the victim’s death as a suicide. The principal, Dr. Sandip Ghosh, and medical superintendent cum vice-principal (MSVP), despite being aware of the rape and murder of the victim, failed to immediately inform the police. 

This omission raises serious concerns about a possible cover up and a dereliction of duty by the hospital administration.

Concerns of a possible cover up also arise from the fact that request for a second post-mortem was denied. 

Observation 5: CBI

According to the court, Seema Paheja, the high profile CBI officer in charge of the investigation, primarily focused on reviewing existing evidence collected by the Kolkata Police and the CBI team.

She did not personally examine potential witnesses. For instance, the aaya (nursing staff) and Group D employees, and their statements were not included in the chargesheet. She also did not obtain the recording of the CCTV containing crucial relevant recordings for the period 10.00 pm on August 8, 2024, to 10.00 am on August 9, 2024, or for the duration of the MBBS examination. 

The footage stored in a pen-drive was collected by the CCTV maintenance person at the instruction of Dr. Debasish Som, a senior doctor in the forensic department of the hospital and a close aide of the then principal Dr. Sandip Ghosh.

Based on the court’s observation, several questions can be asked of the authorities.

Question 1: Why was a second post-mortem request denied?

In his recorded statement to the court, the father of the victim asserted that despite his repeated requests for a second post-mortem, the Tala Police Station, under the jurisdiction of the Kolkata Police, failed to comply. The reasons behind the police’s apparent haste in cremating the body remain unclear.

Question 2: Who instructed a senior officer of the Kolkata Police to offer cash to the victim’s parents?

According to the father’s deposition, Abhishek Gupta, DC of the North Division in Kolkata Police, offered the victim’s father a packet containing cash in the presence of local TMC MLA Nirmal Ghosh and TMC leader Sanjib Mukherjee. The father declined this offer. Regardless of any attempts by the ruling party to frame it otherwise, the cash offered to the family prior to the cremation cannot be considered compensation. 

Also read: ‘Wasn’t Allowed to See Her for 3 Hours, Of Course People From R.G. Kar Dept Involved,’ Parents of Doctor Tell The Wire

Question 3: What stopped the college authorities from filing an FIR?

The college authorities’ failure to file a police report, despite being fully aware of the grave nature of the crime and their denial regarding access to the victim’s body for her parents further creates suspicion of a potential cover-up and the lack of transparency within the institution.

Question 4: Why were others captured in the CCTV during the possible time of the crime not identified?

According to doctors, CCTV footage documented 68 individuals entering and exiting the building during the probable time of Abhaya’s murder. Yet, only Sanjoy Roy has been identified and investigated. 

The ongoing closure of a room within the OT complex on the seventh floor of the same building also raises suspicion. 

Question 5: Why wasn’t there any visible struggle between the victim and the assailant?

Dr. Braja Kishore Mahapatra, Deputy Director of Biology at the Central Forensic Science Laboratory (CFSL), New Delhi, testified that biological stains were only found on the mattress located on the wooden stage within the seminar room. No such stains were detected on the floor surface. The evidence of a possible struggle between the victim and the assailant appeared to be absent from the apparent crime scene.