The Calcutta High Court has rebuked the West Bengal government, attributing the recent vandalism at Kolkata’s RG Kar Hospital to a “complete failure of state machinery.” The court warned that if the state police failed to ensure the hospital’s security, it may order the facility’s closure. The court also demanded photographic evidence from the police to prove that the crime scene has been preserved.

The High Court has asked the CBI to submit a report on the “pre-planned” vandalism, following its earlier directive to investigate the rape and murder of a 31-year-old doctor. The court noted the urgency of the situation, and said that further delays are unacceptable after the doctor’s family made serious allegations of administrative and police negligence.

The rape and murder of the 31-year-old doctor on August 9 sparked political blame game and nationwide protests, including the Thursday’s “Reclaim The Night” movement. During this protest, a large mob clashed with police and caused extensive damage to the RG Kar Medical College and Hospital.

Responding to the court’s concern about the vandalism, the state explained that a crowd of around 7,000 had gathered, rapidly swelling in size. The state claimed that videos showed “they broke barricades… tear gas was fired and 15 police personnel were injured. Deputy Commissioner was injured. Police vehicles damaged. Emergency room ransacked (but) place of occurrence (the crime scene) was protected.”

However, the court, which had previously reprimanded both the hospital administration and the police for alleged negligence, appeared to dismiss the state’s defence.

Chief Justice TS Sivagnanam questioned why permission was granted for protests on such a sensitive issue, noting that police intelligence should have anticipated the gathering. The state maintained that no permission had been given for the protest, but the High Court pointed out that Section 144, which bans large gatherings, was in effect at the time and criticised the police for failing to cordon off the area.

The court dismissed the state’s justifications with a sharp rebuke, asserting, “7,000 people can’t just walk in unchallenged.” It declared the situation a “complete failure of state machinery,” questioning, “So the police couldn’t protect their own officers? This is a dismal state of affairs. How can doctors work without fear under these conditions?”

The court demanded to know what preventive measures were being taken.

Senior advocate Bikash Ranjan Bhattacharya, representing the doctor’s parents, said that the police had “hidden behind the protesters”. He also claimed that a misunderstanding, rather than police intervention, had preserved the crime scene from vandalism.

“These hooligans went to look for the third floor.. third floor means fourth storey in Bengali, which was the place of occurrence. They misunderstood and went to the second floor instead, thereby saving the crime scene. State machinery failed… crime scene was RG Kar Hospital and police couldn’t save it.”

Bhattacharya also flagged the ongoing demolition and renovation work near the crime scene, which the hospital claimed had been planned prior and was unrelated to the incident.

The court questioned the urgency of these renovations, pointing out, “You visit any district court and find no ladies’ washroom. The Public Works Department does nothing. So what was the necessity here?”

The court expressed its frustration, threatening, “We will shut down the hospital and relocate all patients. How many patients are there?” This came despite repeated assurances from the state that the crime scene was secure.

“Okay… we take your word,” the court finally said, but added, “You should also be disturbed! Being a citizen of the city it pains me… It should pain you also.”

The court then instructed the police to provide a comprehensive report on the protest, including a detailed timeline, to the CBI. It directed the Central agency to “proceed as deemed appropriate”.