"Something is amiss...": Supreme Court Orders West Bengal Police to Produce Post Mortem Challan in Doctor's Rape-Murder Case

The Supreme Court on Monday directed the State of West Bengal to produce the challan that accompanied the body of a doctor for post-mortem in the ongoing suo motu case concerning the rape and murder of a PGT doctor at Kolkata's RG Kar Medical College Hospital. The challan is expected to detail the articles and materials sent with the body for autopsy.

This direction followed arguments that the victim’s clothes were not sealed or sent to the post-mortem team. Senior Advocate Kapil Sibal, representing West Bengal, admitted that the challan was not among the documents submitted to the Court. Consequently, the Court ordered the State to produce the document by the next hearing on September 17.

The bench, led by Chief Justice DY Chandrachud and including Justices JB Pardiwala and Manoj Misra, reviewed status reports from the CBI and Kolkata Police, noting that the investigation is ongoing. The CBI has been instructed to submit an updated status report detailing recent developments.

During the hearing, Solicitor General Tushar Mehta raised concerns about the forensic report, revealing that the CBI has decided to send the samples to AIIMS and other laboratories outside West Bengal due to issues with the initial forensic analysis. “When the girl was found, she was in a semi-nude condition with injury marks,” Mehta noted. “The CBI has decided to seek further forensic analysis to clarify the results.”

Advocate Phiroze Edulji, representing petitioners before the Calcutta High Court, highlighted several issues with the investigation, including the timing of the post-mortem, purported improper seizure procedures, and mishandling of evidence. Edulji emphasized that the post-mortem was conducted after 6 PM, which is against protocol, and that the forensic team visited the crime scene before the FIR was registered.

The Court asked Senior Advocate Sibal if the challan documenting the body’s transportation was available. Sibal confirmed it was not present in the records submitted but promised to provide it by the next hearing. Chief Justice Chandrachud emphasized the importance of this document, noting it should indicate what articles were sent with the body. Justice Pardiwala remarked, “If this document is missing, then something is amiss.”

In addition, Solicitor General Mehta expressed concerns about the delay in registering the FIR and the absence of clarity on the time of death. He also criticized the forensic handling of the victim’s samples.

Senior Advocate Geeta Luthra raised the issue of photographs of the deceased circulating on social media. The Court ordered that these images be removed immediately, stating, “Damage has been done by circulation of these photographs. All images of the deceased are to be removed forthwith.”

The investigation into the doctor’s death, which began after the body was discovered on August 9, has raised several questions. The Calcutta High Court had previously transferred the case to the CBI, and the Supreme Court has since taken steps to address systemic issues and ensure the safety of medical professionals. The Court has also established a National Task Force to recommend measures for safeguarding doctors across the country. The Supreme Court has scheduled further proceedings for September 17 and has directed the CBI to report on progress and new findings by then.​