Supreme Court Criticizes Kapil Sibal: During a hearing on the Kolkata trainee lady doctor rape-murder case, the Supreme Court, led by Justice Pardiwala, asked senior advocate Kapil Sibal several critical questions. Sibal, representing the West Bengal government, struggled to provide satisfactory answers, especially regarding the delay in filing the FIR and the timing of the postmortem.
Justice Pardiwala Questions the Delay in FIR and Postmortem
In the case concerning the rape and murder of a trainee doctor at Kolkata’s RG Kar Hospital, Justice Pardiwala raised significant concerns about the sequence of events. He inquired about the exact timing of the postmortem and the registration of the FIR, questioning Sibal on whether the victim’s FIR was filed after the postmortem and the completion of funeral rites. Sibal was unable to provide clear answers, prompting Justice Pardiwala to caution him against making hasty statements.
Debate Over the Sequence of Events
The court witnessed a heated debate between Justice Pardiwala and Kapil Sibal regarding the sequence of events following the discovery of the doctor’s body. Sibal informed the court that the postmortem was conducted between 6:10 PM and 7:10 PM on August 9. Justice Pardiwala, however, pointed out that initiating a postmortem suggests an unnatural death. He further noted that the case of unnatural death was recorded at 11:20 PM, while the FIR and General Diary (GD) entries were made at 11:45 PM on the same day. This discrepancy left Sibal without a clear response.
Concerns Over Delayed Investigation
Justice Pardiwala expressed shock over the commencement of the postmortem before filing the FIR. He emphasized the need for Sibal to provide responsible and well-considered statements, questioning why the case of unnatural death was only registered late at night, hours after the postmortem. Sibal’s response that the case was registered at 1:46 AM raised further questions, leaving him momentarily stunned. The court then advised Sibal to have responsible police officers present during future hearings.
Supreme Court Seeks Clarity on Investigation Delays
Supreme Court Criticizes Kapil Sibal: The court continued to probe the delay in the investigation, questioning why the registration of the unnatural death occurred at 11:30 PM when the postmortem was completed by 7:10 PM. Sibal clarified that the registration was for the FIR, not the unnatural death, and insisted that the timeline was accurate. However, the Chief Justice highlighted that the General Diary entry was made at 10:10 AM after receiving a call about the discovery of the doctor’s body. Despite initial observations suggesting strangulation and possible sexual assault, the postmortem and subsequent police investigation were delayed until later that evening.
