Indian investigative agency takes over investigation into rape and murder of doctor in Calcutta amid protests – JURIST

JURIST: South Asia Bureau Chief Shashank Pandey contributed to this report.

India's Central Bureau of Investigation (CBI) has officially taken over the investigation into the rape and murder of a 31-year-old doctor at RG Kar Medical College and Hospital in Kolkata. The move follows a direction from the Calcutta High Court, which expressed concern over the lack of progress in the initial investigation by the Calcutta police.

The incident, which occurred on August 9, 2024, in the seminar hall of the hospital's emergency building, shocked the nation. The victim, a junior doctor, was found dead with severe injuries consistent with sexual abuse. Police initially registered a case of unnatural death, a decision that has since been heavily criticised.

Several Public Interest Litigations (PILs), including one by the victim's parents, were filed in the Supreme Court demanding that the case be handed over to an independent agency. In an unusual move during its first hearing of the case, the court ordered immediate handover of the investigation to the CBI, citing possible destruction of evidence and the need to ensure public confidence in the judicial process.

A 25-member CBI team, accompanied by forensic and medical experts, immediately went to Kolkata to begin investigation. The team examined the crime scene and collected evidence, including the custody of the accused Sanjoy Roy, a volunteer of the Kolkata Police.

Protests broke out across the country in response to the murder. A demonstration held at the site of the alleged crime was disrupted by a group of people who also vandalized the RG Kar Medical Hospital. Opposition parties in West Bengal claim that the ruling Trinamool Congress (TMC) party in the West Bengal state government is trying to delay and disrupt the investigation. India's ruling Bharatiya Janata Party (BJP), the opposition in West Bengal, has claimed the same. BJP leader Shehzad Poonawalla added:

When doctors and women protested at midnight for justice for Nirbahaya [2012 Delhi rape victim] of West Bengal. It was attacked by an orchestrated group of rowdies and hooligans sponsored by the state. Eyewitnesses say they were brought in trucks and placed to break up the protest, create ruckus and loot the RG KAr Medical Centre and possibly destroy evidence. This is the mindset with which TMC operates.

West Bengal Chief Minister Mamata Banerjee led a counter rally against the protests on Saturday and demanded government accountability. She said at the rally:

I know that the Communist Party of India (Marxist) [CPM] and the BJP vandalized RG Kar Medical College and Hospital. They came there at 12:00 am at night. The video shows that the CPM took the flag of the Democratic Youth Federation of India and the BJP took the national flag. They misused the national flag and should be punished for it. How many teams did BJP and CPM send when the incident happened in Manipur? How many teams were sent to Hathras and Unnao? The CPM and BJP should not threaten me, we did not come without contesting elections.

The CBI's takeover of power is being closely monitored by the Supreme Court. The agency is required to submit periodic reports on the progress of the investigation.