The probe into the chilling rape and murder of a 31-year-old doctor in Kolkata’s RG Kar Medical College and Hospital must be transferred to the Central Bureau of Investigation (CBI), the Calcutta High Court ruled today.

The court noted serious lapses in the hospital administration’s response after the doctor was found dead in its seminar hall on Friday morning, her clothes in disarray and injuries all over her body. The victim’s parents, the court said, want an investigation by an independent body to ensure that evidence is not tampered with.

The court today came down heavily on Dr Sandip Ghosh, the former principal of the state-run college, saying it was “disheartening” that he was not “proactive”. The court also flagged that the former Principal was given the same role in another college hours after he resigned and said he must be immediately relieved of duties and sent on leave.

Dr Ghosh stepped down yesterday, saying that he cannot take the humiliation on social media in the wake of the doctor’s rape-murder. Hours later, he was given a new role as the Principal of Calcutta National Medical College. This sparked a wave of protest, as protesting doctors questioned the rush behind his new appointment.

Pulling up the state government for giving a new role to Dr Ghosh shortly after his resignation, the court said, “The appropriate authority should have borne in mind the circumstances under which the resignation was given. Therefore, even that resignation was not accepted, the least that can be expected from the department is to release the Principal from the administrative responsibility and not assign him any other duty of equal responsibility. This professor has been made Principal of another medical college. It is not clear as to what was the urgency in doing so.”

The hospital administration, the court noted, was not with the victim or the family of the victim. “The case on hand is a peculiar case. There should be no further loss of time. There may be possibility of evidence being tampered,” the court said.

The high court also noted that it would have given more time to state police under “normal circumstances”. “Even after five days there have been no significant conclusions which should have happened by now. Therefore, we are justified that there is every possibility that evidence will be destroyed. We deem it appropriate that the case must be transferred to CBI with immediate effect,” the court said.

Earlier, West Bengal Chief Minister Mamata Banerjee had said Kolkata Police must complete their probe by Sunday, failing which the state government would recommend a CBI probe if the victims’ parents want. Opposition parties, led by the BJP, had demanded a central agency probe, warning against tampering of proof if state police investigated the case that has sent shockwaves through the nation.

Trainee doctors at Calcutta National Medical College refused to accept as their principal Dr Sandip Ghosh, former head of RG Kar Medical College who resigned in the wake of a doctor’s rape and murder while on duty.

Dr Ghosh, who resigned yesterday after telling the media that he can’t take the humiliation on social media after the doctor’s chilling murder, was named principal of another key medical college hours later. The development drew strong criticism from protesters who have been seeking swift action in the rape-murder case.

Last night, after the government’s order announcing the fresh role for Dr Ghosh came out, students of Calcutta National Medical College told the media that they would not let Dr Ghosh take charge.

This morning, West Bengal minister Javed Ahmed Khan and Trinamool Congress MLA Swarna Kamal visited the campus to speak to the students. The protesters alleged that it was extremely unethical to reinstate Dr Ghosh as the Principal of their college. They raised “go back” slogans and said they don’t want a repeat of the RG Kar Medical College on their campus.

The students told the two leaders they were scared and that Dr Ghosh is being forced upon them as Principal. They said they don’t want the “garbage” of RG Kar Medical College in their campus. Eventually, the Trinamool leaders had to return.

At the protest against Dr Ghosh, a student told Anandabazar Patrika, “We will not let our campus become RG Kar. The agitation will continue round the clock. We will camp at the doors of the Principal’s office. If Sandip Ghosh is sent here, the security of this campus may be compromised.”

Following the protests, the state government has asked Dr Ajay Kumar Ray to continue as the principal of Calcutta National Medical College and Hospital. 

High Court’s Strong Remarks On Dr Sandip Ghosh

The Calcutta High Court, meanwhile, pulled up the state government over the new role for Dr Ghosh. “No man is above the law…” the court said, “How did he step down and then be rewarded with another responsibility?”

“…why do you protect (him)? Let him tell the truth… something is missing here,” the court said at while hearing a clutch of petitions linked to the case.

“The Principal is the guardian of all doctors working there… if he doesn’t show any empathy who will show? He should be at home not working anywhere…” a division bench led by Chief Justice TS Sivagnanam said, wondering why a government lawyer was arguing for the former Principal.

“If the principal stepped down owing ‘moral responsibility’, (it is) rather serious that he is rewarded, within 12 hours, with another appointment. This Principal will not function… let him go on long leave. Otherwise we pass an order,” the court said.

Nationwide Protests Cripple Hospitals

Doctors protests over the chilling incident in RG Kar Medical College have paralysed health services in hospitals across the country. From Lucknow’s King George Medical University to AIIMS in Delhi to hospitals in Mumbai, patients have complained of inconvenience as doctors refuse to return to work unless strict action is taken in the case and the government comes out with a protocol for the safety of healthcare workers on duty. The Federation of Resident Doctors’ Association and the Indian Medical Association have written to Union Health Minister JP Nadda for urgent steps to ensure doctors’ safety. At AIIMS Delhi, the number of daily surgeries have dropped by 80 per cent and admissions by 35 per cent, news agency PTI has reported.

The 31-year-old doctor was raped and murdered late on Thursday night in a seminar hall of the Kolkata hospital. Sanjoy Roy, a civic volunteer who frequented the hospital, has been arrested. The West Bengal government has given Kolkata Police time till Sunday to complete the probe, failing which they would recommend a CBI probe.