India’s highest court, led by Chief Justice DY Chandrachud, has delivered a scathing indictment of the Mamata Banerjee-led West Bengal government. The three-member bench highlighted the government’s catastrophic failure to protect the life of a 31-year-old junior doctor, referred to as Abhaya (not her real name). The court lambasted the administration not just for its inability to safeguard this precious life but also for its flagrant disregard for legal protocols—from identifying the cause of death to registering a case, conducting a post-mortem, informing the parents, and overseeing the cremation. Such blatant lapses in procedural justice have left the judges, with over three decades of judicial experience, deeply disturbed. The bench expressed severe concern over the state’s mishandling of the case, pointing out that this dereliction of duty has sown seeds of fear not only among the medical community across the country but also among the general populace. The Central Bureau of Investigation (CBI), which took over the investigation after the Kolkata police’s initial four-day probe, uncovered that the crime scene was tampered with—reportedly under the orders of the principal of RR Kar Medical College and Hospital. Construction activities were allowed to take place at the crime scene, further compromising the investigation. To make matters worse, on the night of August 15, a mob of 7,000 attacked a peaceful demonstration of 150 doctors, ransacking the hospital and potentially destroying any remaining evidence. Forensic reports, if credible, suggest that Abhaya was gang-raped before having her throat slit. The Kolkata police, acting with alarming haste, declared her death “unnatural” even before the post-mortem was conducted. The First Information Report (FIR) was filed around 11:30 pm—shockingly after the cremation of the body. Despite these glaring irregularities, the state police submitted a status report with video evidence that starkly contradicts the findings of the CBI, which confirmed that the crime scene had been altered.
During the court proceedings, the judges repeatedly reprimanded the West Bengal government’s counsel for interrupting and making baseless accusations against the CBI, represented by Solicitor General Tushar Mehta. The heated exchanges between Mehta and Kapil Sibal, who was defending the state, only added to the courtroom drama. The court was also informed by the counsel representing the aggrieved doctors that, despite a directive from the judiciary, the government officials continued to issue veiled threats against peaceful protestors. The doctors, while adhering to their duties in emergency wards, remain genuinely fearful of potential retaliatory attacks by a government seemingly intent on burying the truth. The bench’s observations confirmed several damning facts: the crime scene was tampered with, the FIR was filed post-cremation, and the discrepancies in the police report were glaringly obvious. Moreover, how could the hospital declare the death unnatural before an autopsy was even conducted? Amidst these judicial proceedings, the West Bengal Chief Minister reportedly reassigned the principal of RR Kar Medical College and Hospital—the very person under suspicion—as the Officer on Special Duty in the state Health Ministry. Mamata Banerjee, who also holds the Home and Health portfolios, seems to have lost any moral standing. Given the gravity of the situation, her resignation would be a fitting acknowledgment of the administrative collapse under her watch. Furthermore, the Narendra Modi government should consider leveraging the Supreme Court’s censure to impose President’s Rule in West Bengal. This would entail placing the state under suspended animation for a short period of 3-6 months to restore law and order in the border state. The state’s Governor has previously urged the Centre to act, especially after the horrific mass rapes in Sandeshkhali by alleged TMC goons. Although these recommendations were shelved, it is now reported that the Home Minister is seriously considering recommending President’s Rule, pending confirmation from the Supreme Court. With the court having cleared the path, the Modi government may move decisively by this weekend.
