February 23, 2025
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WB: RG Kar Case: Oppose Fragmented Trial Based on Incomplete Investigation

G Subarna

THE verdict of the trial court in the RG Kar case has raised many questions about the role of the Kolkata Police, the state administration and the CBI. Although Sanjay Roy, one contractual policeman, was found guilty of the main crime of murder and rape and sentenced to life imprisonment, numerous loopholes in the CBI investigation are mentioned in the verdict. If Sanjay Roy is held to be the sole culprit, many questions remain unresolved.

First, the Kolkata Police arrested Sanjay in the middle of the night the day after the incident. The chief minister announced that the main accused has been held and her party and government wanted him hanged. If that is the case, then why were the parents of the victim called upon to the hospital and made to sit over there for three hours without being allowed to see the dead body of their daughter? Why did the police allow the health syndicate goons to roam the seminar hall, where the dead body was discovered, during those three hours? Why did Deputy Police Commissioner Central try to crop their pictures and pass them off as police fingerprint experts?  Why was the autopsy done after the sundown, breaking the rules? Even though the family wanted to preserve the body, why did the police cremate the body in a hurry? Why did the Deputy Police Commissioner North try to give a bundle of huge money to the mother of the deceased? Why were the samples collected from the body sent to the forensic laboratory four days later?

Sanjay was arrested on August 10, yet on August 13, on the orders of the health secretary and the director of health education; why did the then Principal of RG Kar, Sandeep Ghosh, hastily demolish the toilet next to the seminar hall? Why were forty armed miscreants allowed into RG Kar on the night of August 14, leaving the police inactive, to vandalise the seminar room?  If Sanjay Roy is the only culprit, then how did the Central Forensic Laboratory report find DNA of more than one person in the samples collected from the private parts of the deceased doctor? Why was their DNA not tested and matched with other suspects? From the very beginning, there were allegations that this brutal incident at RG Kar Hospital was a case of planned gang-rape and murder. The autopsy reports also indicated this. The Central Forensic Science Laboratory (CFSL) report, which also includes the DNA analysis report, and the interim report of the Multi-Institutional Medical Board (MIMB) have exposed the state conspiracy to hide the actual perpetrators of this exceptional murder-rape more clearly. As a result, the people are reluctant to accept this fragmented trial.

 The lower court verdict is full of burning evidence of the incompetence, apathy and violation of the law by the state administration, Kolkata Police and the CBI. There are serious allegations of illegal acts against two senior officers of Kolkata Police. A woman police officer illegally seized Sanjay Roy's mobile phone after his arrest. The possibility of important information like call logs being deleted from that mobile phone could not be ruled out.

Sanjay's lawyer has exposed an even bigger conspiracy. The senior lawyer who was given by the National Legal Services Authority to argue for Sanjay, has actually agreed with the CBI in court, which his junior himself has revealed to the media. In other words, the CBI and the National Legal Services Authority worked together in court to prove Sanjay as the sole culprit. The collusion between the state and the centre, the setting of the BJP and the Trinamool Congress is no longer a secret.

The chief minister said that if the case was in the hands of the state police, she would have ensured Sanjay's capital punishment. What could be a bigger example of direct political interference in the judiciary? But the question is, have the criminals been sentenced to death in cases where the state was responsible for investigating? The rapists of Kamduni are roaming around freely after being acquitted. Did Mamata Banerjee ensure execution of the criminals in the infamous rape cases of Hanskhali, Madhyamgram, Kaliachak, Ranaghat and Barasat?

The day after the lower court sentenced Sanjay Roy to life imprisonment, the state government moved the High Court seeking order for hanging him. Two days later, the CBI also filed a similar application in the High Court. The High Court questioned the legal authority of the state government to file this application. The state government along with the CBI, has been working for Sanjay's capital punishment from the very beginning. Because, both of them want to eliminate a key witness by hanging Sanjay, so that the real truth never comes out, and the actual perpetrators remain behind the curtain. The BJP at the centre and the Trinamool government in the state will not remain in power for long. If a new government comes to power in future at the centre and in the state through a democratic system and they want to unveil the real truth to the people in the future, to identify and to punish all the criminals, Sanjay's testimony will become extremely important. Therefore, it is very important that Sanjay survives even if he is behind the bars. But those who are worried and afraid of his survival want to quickly hang him. The AITMC general secretary is getting more impatient and wants the police to kill him in an encounter. This conspiracy of Trinamool-BJP duo to cover up the criminals has been exposed in front of the people. That is why the victim's family and the people of West Bengal at large have taken a firm stance against hanging Sanjay to death.

 The protesting doctors at the forefront of the Abhaya movement have been the eyesore of the government from the day one. Leaders of doctors' organiSations were summoned to Lalbazar, the Kolkata Police Headquarters back in August. Thousands of doctors and citizens took out a procession to Lalbazar in protest. The government was forced to dismiss the summons. The police are showing excessive hyperactivity in harassing several of the agitating junior and senior doctors, filing cases against them on false charges. In the meantime, the registrar of the State Medical Council, who was himself in office illegally, filed false complaints against four leading senior doctors at the Salt Lake Electronic Complex police station. This medical council has been taken over by TMC's extortionist army in a rigged election, which is still subjudiced in the High Court. Members of the state medical council were seen in the viral video crowding around Abhaya's body in the seminar hall of the chest department of RG Kar Hospital and destroying evidence. Abhik Dey, the temporarily expelled general secretary of the Trinamool Chhatra Parishad, who was seen at the scene of the crime, is a member of this council, against whom many complaints of molestation of female doctors and extortion were submitted to the health department three months ago, along with evidence. This illegal medical council has falsely accused the leadership of the protesting medical fraternity of disrupting their daily work. The people of the state are furious about this incident.

Recently, public anger has once again erupted against the government over the spurious saline case at the Medinipur Medical College Hospital, which resulted in maternal and infant deaths. The government is trying to cover up by suspending a few doctors without taking any action against the substandard drug dealers. The Karnataka government blacklisted the saline manufactured by West Bengal Pharmaceuticals in March last year and suspended the state's drug controller. The TMC government in the state was forced to inspect their factory in Chopra and prohibit them from manufacturing the saline, but has not imposed any ban on the use of the already manufactured and marketed saline. However, doctors from more than a hundred hospitals in the state have complained to the health department about the quality of this saline in the last one year.  After the death of a pregnant woman and a newborn, the health department was forced to ban the use of saline produced by the company, but the government has made thirteen doctors a scapegoat without taking any action against the company or the drug controller till today. In this incident, the government's compromise with the corruption of counterfeit drug dealers has once again come to the fore.

The limitless institutional corruption taking place in the state, the rampant rape of women and torture of people of marginalised sexuality and gender, the insecurity of workers and employees at workplace, the education and health system being gaoled, the administration being run as criminals and party slaves, and the culture of threats and intimidation politics in every corner of the state have been exposed. The only way to achieve justice is a massive united struggle of working class and middle-class professional people against the politics of intimidation. The mass movement is intensifying in every district of the state. This movement must be elevated to the struggle for a change of regime.