The Supreme Court, on March 17, granted permission for the Calcutta High Court to proceed with a pending writ petition filed by the parents of the victim in the RG Kar rape-murder case. The petition seeks a deeper investigation into the alleged involvement of former Principal Sandip Ghosh in covering up the crime.
The bench, comprising Chief Justice of India Sanjiv Khanna, Justice Sanjay Kumar, and Justice Joymalya Bagchi, was hearing the suo motu case regarding the brutal rape and murder of a trainee doctor at RG Kar Hospital in Kolkata on August 9, 2024.
Parents' Plea for Further Investigation
Senior Advocate Karuna Nundy, representing the victim’s parents, presented an application to the court, requesting a clarification that the ongoing Suo Motu proceedings would not prevent them from seeking continued investigation through the High Court.
The application specifically pointed out FIR No. RC0482024S0010, filed on August 13, 2024, which named Sandip Ghosh and former Officer-in-Charge Abhijit Mondal as accused. The two were arrested for allegedly conspiring to cover up the crime but were later granted bail.
On December 13, 2024, the Additional Chief Judicial Magistrate in Sealdah granted bail to the accused due to the Central Bureau of Investigation (CBI) failing to submit a chargesheet within the statutory period of 90 days. Dissatisfied with this, the victim’s parents sought the right to pursue their pending writ petition in the Calcutta High Court.
The writ petition, WPA No. 30365 of 2024, was initially filed before the conviction of the primary accused, Sanjoy Roy. It focused on challenging the default bail granted to Ghosh and Mondal and highlighted alleged lapses in the CBI's probe.
Justice Tirthankar Ghosh had previously directed the petitioners to seek clarification from the Supreme Court, considering that the Apex Court was already overseeing broader issues in the case.
During the hearing, Nundy argued:
"The plea is that, as a matter of convenience, the single judge may be allowed to continue monitoring the further investigation."
In response, the CJI stated that while the Supreme Court would not comment on the merits of the investigation, it would permit the High Court to hear the pending petition:
"We are not going to say anything. We are simply going to permit the single judge to continue with the writ petition, not making any comments either way, not saying that the investigation should continue or not continue... we will simply allow the application that the writ petition filed by you may be heard."
Solicitor General Tushar Mehta represented the CBI during the proceedings.
The Supreme Court subsequently passed an order stating:
"Without making comments, we dispose of the application observing that the applicant is at liberty to pursue the writ petition before the High Court. We, however, do not express any opinion on what order the High Court may pass."
Previous CBI Investigation and Financial Irregularities Probe
In August 2024, the Calcutta High Court had already transferred the investigation into alleged financial irregularities by Sandip Ghosh at RG Kar Medical College to the CBI. The latest Supreme Court ruling ensures that the parents can continue their legal battle without hindrance.
Additionally, the Supreme Court clarified that the larger issues in the suo motu case, including the recommendations of the National Task Force (NTF), will be heard on a non-miscellaneous day in the week beginning May 13, 2025.
Case Title: In Re: Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata, and Related Issues | SMW(Crl) 2/2024