Members of the Executive Committee of the Supreme Court Bar Association have written a letter to Senior Advocate and SCBA President Kapil Sibal, after a resolution on the letterhead of SCBA was put out, signed by Sibal, regarding the brutal rape and murder of a Post-Graduate trainee doctor at Kolkata’s RG Kar Medical College and Hospital.
The members alleged that the purported resolution of August 21, 2024 was not even placed before the EC.
Incidentally, Sibal is representing the West Bengal government and the State Police in the suo motu case registered by the Supreme Court after the gruesome incident of August 9.
The purported resolution signed by Sibal as the President of SCBA appreciated the concern expressed by Chief Justice of India DY Chandrachud at the ‘malaise’ prevailing in the country.
The said ‘resolution’ stated that the incident at RG Kar Medical College was ‘symptomatic’ of the ‘malaise’. It expressed hope that such incidents that have taken place throughout the country were not repeated in future.
The EC members who wrote the letter today to Sibal include Joint Secretary Sandeep Singh, Treasurer Sasmita Tripathy, Joint Treasurer Susheel Kumar Tomar, Senior Executive Members & Senior Advocates Pravin H Parekh and Shobha Gupta, and Executive Committee Members Vikas Bansal, Ashish Kumar Sinha, Shashank Shekhar, Yogmaya MG, Anil C Nishani and Rachana Gandhi.
The members said that they were not privy to any deliberation of the EC on the said matter which culminated into any such resolution. They further said that they have spoken to some other EC members, who were equally surprised by the resolution. The resolution was neither placed before the EC, nor discussed with any EC member. It gave the impression that it was a personal view expressed under Sibal’s signature, which was being passed off as a resolution of the entire Executive Committee.
Out of the signatories, Joint Treasurer Susheel Kumar Tomar, Senior Executive member Pravin H Parekh and Executive Committee member Ashish Kumar Sinha, added that their consent was taken over WhatsApp.
The letter signed by 11 Executive Committee members stated that an unanimous resolution should have been passed on the matter after taking all EC members into confidence.
The letter further condemned the gruesome incident, which took place within the precincts of a reputed Government Medical College in Kolkata, adding that the EC members stood in solidarity with the victim.
The ‘resolution’ put out by Kapil Sibal stated that the Supreme Court Bar Association (SCBA) deeply appreciated the concern expressed by the Bench headed by the Chief Justice of India at the malaise which was prevailing in the country and the wanton violence against women in hospitals, including women interns and others.
It said the SCBA endorsed the historic steps taken by the Supreme Court to address these concerns, especially the steps taken to put in place a policy framework along with protocols to prevent the recurrence of such barbaric incidents.
What happened in R.G. Kar Medical College and Hospital was symptomatic of the malaise. Now that the investigation was handed over to the Central Bureau of Investigation, the SCBA believed that justice would be done and the accused would be appropriately punished.
Earlier in the day, while hearing the suo moto criminal writ petition concerning the death of a postgraduate trainee doctor at R.G. Kar Medical College & Hospital, Kolkata on August 9, 2024, the Supreme Court expressed concern over the manner in which the West Bengal police had handled the case so far.
During the hearing, Solicitor General Tushar Mehta criticised Kapil Sibal for allegedly laughing while discussing the gruesome crime.
During the previous hearing, the Apex Court had also expressed disappointment over the State of West Bengal’s handling of the vandalism at the protest site. The Bench headed by the CJI had directed the formation of a National Task Force to recommend measures for ensuring the safety of medical professionals.
The top court of the country ordered the deployment of the Central Industrial Security Force (CISF) to protect resident doctors, particularly female doctors, at RG Kar Hospital.
It further expressed concerns over the lack of institutional safety norms at medical establishments against both violence and sexual violence.
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