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Westferry Times > Law and Articles > Calcutta High Court Criticizes Police Failures in RG Kar Hospital Vandalism
Law and Articles

Calcutta High Court Criticizes Police Failures in RG Kar Hospital Vandalism

Mona Porwal
By Mona Porwal Published August 17, 2024
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KOLKATA: The Calcutta High Court issued a scathing critique of the Kolkata Police’s handling of the recent vandalism incident at RG Kar Hospital, branding it an “absolute failure of state machinery.” The court’s rebuke came after a chaotic scene unfolded at the medical facility in the early hours of August 14, with a massive mob breaking barricades and ransacking parts of the hospital, including the emergency section.

Court’s Harsh Critique

Chief Justice T.S. Sivagnanam, addressing the matter alongside Justice Hiranmay Bhattacharyya, expressed grave concern over the police’s inability to prevent the vandalism. Senior standing counsel Amitesh Banerjee, representing the state government, revealed that approximately 7,000 individuals had gathered outside the hospital, breaking through barriers and causing significant damage.

“It is hard to believe that state police intelligence did not have prior information when such a large number of people were allowed to assemble,” Chief Justice Sivagnanam remarked. “They did not just appear out of nowhere. The entire area should have been cordoned off. This represents a complete failure of the state machinery. Urgent measures must be taken to restore public confidence.”

Questions on Preventive Measures

The Chief Justice raised questions about the lack of preventive measures by the state government. He criticized the decision not to enforce prohibitory orders within a one-kilometer radius of the hospital. “The Rapid Action Force should have been deployed to prevent the mob from approaching the hospital,” Sivagnanam said. “The fact that this appears to be pre-planned only exacerbates the situation.”

The court also highlighted the inadequate protection afforded to police personnel during the incident. Sivagnanam pointed out that the police force was unable to protect its own members, noting that police personnel were injured in the melee. “It is a sorry state of affairs when the police cannot even safeguard their own personnel, particularly when doctors and nurses were already engaged in an agitation,” the Chief Justice stated.

Clarifications and Further Actions

Following the initial outcry, the state clarified that it was not the entire 7,000-strong mob that entered the hospital but a smaller group. However, the Chief Justice stressed the significant difference between the size of the mob and the number of individuals who entered the hospital. “If the police cannot control a mob of this scale and their members are injured, it signifies a breakdown in law and order,” he asserted.

Senior state counsel Banerjee opposed claims made by the victim’s parents that demolition work carried out by the hospital authorities had affected the “place of occurrence.” The government pleader argued that the demolition work was unrelated to the vandalism and was intended to construct a restroom for female doctors. Chief Justice Sivagnanam questioned the urgency of the demolition work and requested the state to verify whether district hospitals typically have restrooms for women doctors.

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Next Steps and CBI Involvement

The court has mandated that authorities, along with representatives from the hospital, submit a detailed report, including photographs, on the condition of the hospital and the sequence of events leading up to the incident. The report is to be presented before the next hearing.

In addition, the Calcutta High Court has directed the Central Bureau of Investigation (CBI) to visit the site and assess the situation. The CBI will determine if further investigation is warranted based on its assessment.

Impact on Healthcare Professionals

Reflecting on the broader implications of the incident, Chief Justice Sivagnanam noted that such events could significantly impact the mindset of healthcare professionals. “While doctors have a ‘pious obligation’ to treat patients at government hospitals, incidents like the one on August 14 will undoubtedly affect their ability to work fearlessly,” he observed.

The court’s stern remarks underscore the severity of the situation and the urgent need for effective measures to restore order and protect public institutions from similar incidents in the future.

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