RG Kar: CJ of Calcutta HC recuses himself from hearing PIL against former Kolkata CP

Kolkata: Calcutta High Court’s Chief Justice T.S. Sivagnanam on Thursday recused himself from hearing a public interest litigation (PIL) against former Kolkata Police Commissioner Vineet Kumar Goyal in connection with the ghastly rape and murder of a woman junior doctor of state-run R.G. Kar Medical College & Hospital in August last year.

As the matter came up for hearing before the division bench of Chief Justice Sivagnanam and Justice Chaitali Chatterjee, the Chief Justice expressed his desire to recuse himself from hearing the matter on personal grounds.

He also directed the court authorities to remove the matter from the cause list scheduled for hearing at the division bench headed by him. The matter will now be referred to another division bench for hearing.

In November last year, when there were nationwide protests against the R.G. Kar rape and murder tragedy, the PIL was filed at the division bench headed by the Chief Justice with a plea for an FIR to be registered against the former city Police Commissioner in the matter for allegedly revealing the identity of the victim while interacting with the media persons.

The division bench then directed the Union Department of Personnel & Training (DOPT) to be a party in the case, since it is the cadre-control authority of all central service officers including an Indian Police Service (IPS) officer like Goyal.

It also sought an affidavit from DoPT seeking an explanation on the nature of action that can be taken against any all-India service officer for breaching the law.

In the same month, the Union government informed the Calcutta High Court that there was no restriction on the West Bengal government in initiating action against the former city Police Commissioner in the matter. At the same time, the Union government counsel also informed the court that the petitioner could make a fresh appeal on this count in case the state government does not initiate any action.

Now, with the Chief Justice choosing to recuse himself from hearing the matter further, it is to be seen which new division bench is now allotted the matter for hearing.

Goyal, currently the Additional Director General of the West Bengal Police’s Special Task Force (STF), came under scathing criticism since the beginning of the matter over the alleged lackadaisical initial probe by the city police when he was at the helm of affairs. The junior doctors, since the beginning, were demanding his removal from the post. The Chief Minister finally accepted the demand and Goyal was replaced by Manoj Kumar Verma.

Earlier, the charge of the investigation in the rape and murder case was handed over from the Kolkata Police to the CBI. Both the Supreme Court and the Calcutta High Court had made strong observations over the revelation of the identity of the victim.