Challan for Postmortem 'Missing': SC Asks For Fresh Status Report in Kolkata Case | Top Points

New Delhi: The Supreme Court of India heard the Kolkata Rape and Murder Case and has taken up the status report filed by CBI. The top court has sought a fresh status report from the Central Bureau of Investigation (CBI) and has also posed major questions before the Bengal government. The next hearing will take place on Tuesday, September 17.

Kolkata Rape and Murder: Supreme Court Seeks Fresh Status Report from CBI

During the hearing in the Kolkata Rape and Murder case by the bench of Chief Justice DY Chandrachud and Justices JB Pardiwala and Manoj Misra, the top court has put forth some important questions before the government. The apex court has also sought a fresh status report from the Central Bureau of Investigation (CBI), regarding the ongoing probe in the case.

Challan for Postmortem 'Missing', SC Questions Govt

An important question regarding the postmortem of Abhaya came up during the hearing where the court asked the govt to show the challan form filled for postmortem, however, that form wasn't available. This led to the revelation that the challan, which is a mandatory form filled before conducting postmortem, is ‘missing’. The conversation regarding the same in Court was…

CJI: When the body is dispatched after the PMR, only the doctors doing the inquest would look at it, where is that filled out challan for the dead body, let the CBI give it to us.

SG: Not in the file given to us.

CJI: Ms Sharma where is the challan when dead body is given for PMR?

CJI: This form also has a column with remarks what clothes and other things seized were sent to the doctors who conducted the PMR

SG: File to CBI doesnt contain, but it appears from the arguement of my friend that it exists

Counsel: Without the challan, the doctor cannot conduct the PMR

Kapil Sibal seeks time to place the challan on record.

Sibal: I'm told CJM came and filled it himself , there was no separate form

CJI: Has the PMR been done without the filling of the form?

J Pardiwala: look at the PMR, the constable is supposed to carry this challan...there is no reference of the challan used, you need to explain, tomorrow if this document is missing, you will have to explain why this happened.

Later in the hearing, CJI further said…

CJI: SG stated that during the above challan is not part of file handed to CBI for investigation. It is submitted by one of the petitioner before the HC that the form was produced before HC in course of hearings. The form is unavailable with Mr Sibal and Astha Sharma.

CJI: (WB form 5371) the PRB form 54....a copy of the form duly filled in should be produced before the court in the next hearing.

CJI: Look at form 5363 and keep it ready, we will examine on the next hearing.

Supreme Court Hearing in Kolkata Rape and Murder Case | Top Points

• CJI Seeks Clarification on Time of Unnatural Death: The Chief Justice of India, while hearing the case, has sought clarification on the time of the ‘unnatural death’ of the victim. He asked - “We want to know the time at which UD (unnatural death) 861/2024 came to be registered…” To this Kapil Sibal responded, “Death certificate given at 1:47 PM, entry UD at 2:55 PM at police station.”
• Details on Inquest of Kolkata Horror Case: As per Sibal, Judicial Magistrate (JM) arrived at 4:10, he conducted the inquest from 4:20-4:40, it is videographed.
• Kapil Sibal on Timeline of Searches: Sibal said, “8:30-10:45 evening, search and seizure was done , once the body was removed for postmortem then photos were taken.”
• SC on Whether CCTV Footage has been Handed Over to CBI: CJI asked in Court, “Has Calcutta Police handed the entire footage from 8:30-10:45 to CBI?” To this the SG said, “4 clippings, totaling to 27 mins in duration”. Sibal then said, “Two things (1) seizure 8:30-10:45 given; (2) in parts videos are given in hard disk, technical glitch, stored in part, but given in full.”
• Forensic Report in Abhaya Rape-Murder Case: SGH said, “We have a forensic report, one thing admitted, when the girl was found at 9:30 , she was in a semi nude condition, jeans and undergarment removed, there were injury marks on her body....they have taken samples, sent to CSFL.” The Solicitor General then said, “CBI has sent the samples to the AIIMs now, who took the samples are relevant. The CBI has taken a decision to send the samples to the AIIMS and other CFSLs....who took the samples become relevant. Samples were tested at CFSL in Bengal.”
• SC Seeks Fresh Status Report from CBI: “Status report has been filed by CBI, it appears that investigation is in progress, we direct the CBI to file fresh status report on so and so...we will take it upon tuesday, lets see what happens now and...CBI is doing it, we don't want to guide CBI on its investigation”, said CJI.
• SC on CISF Deployment and Accommodation: In the statement on record by Union on the other hand, it is indicated that accommodation is (1) RMA Quarters; (2) RG Kar College; (3) Indira Maitri Sadan, which will be handed over by 3 pm today.....we direct that a senior officer nominated by State of WB and Senior officer nominated by CISF Laise the place of accommodation.
• Discrepancies Regarding Postmortem: Supreme Court has pointed at a 14-hour delay in filing of FIR and the counsel pointed at delay in filing of postmortem report - the Counsel said, “FIR at 11:45 at night, in the last 27 years of my career, I have never seen a case… PMR doesn't say at what time it is conducted, videograph- conducted by whom? Was it reiteratable or non-reiterable? It has to be mentioned, all the 3 female doctors are part of the lobby....see the second line it has to be at 4 degree centigrade."
• 'GD Entries of that Night Manufactured?': The counsel has also alleged, “Its the mystery, between 2:30 noon- 11:30 night, there were only 10 GD entries....is it manufactured?”
• Challan for Postmortem ‘Missing': During the hearing, it has been highlighted how the challan form which must be mandatorily filed for conducting postmortem, is missing. 
• ‘All Photos of Dead Body Must be Removed from Social Media’: CJI DY Chandrachud has ordered that all photographs of the dead body of the victim must be removed from social media with immediate effect.
• 'WB to File on Record, Safety Measures on Site': The counsel highlighted that distress calls and CCTV must be installed in all hospitals; management of the hospital should be the complainant and there should be some badge or wrist to ring alarm in case of violent incident. To this the CJI said, “We would expect the WB to file on record the safety measures on site even before the NTF filed its report.”
• 'Protesting Doctors Must Resume Work by 5 pm Tomorrow': According to CJI, “State in affidavit indicated that funds have been sanctioned for carrying out the safety measures...this shall be monitored by the District Collectors. In order to create sense of confidence we state that in the event that doctors come to work by 5 PM tomorrow, not adverse actions.....if there is continuous abstention from work despite the facilities given there will be likelihood of action in future.”