“Failure Of State Machinery”: High Court On Vandalism At Kolkata Hospital

An “absolute failure of state machinery” led to the vandalism at Kolkata’s RG Kar Hospital late Wednesday and early Thursday, the Calcutta High Court declared this morning. “We listed this because of emails received due to vandalism…” the court began, asking, “So what happened?”

The medical college was the scene of a grisly murder, and potential rape, on August 9, which has triggered protests and political squabbles nationwide, including Thursday’s ‘Reclaim The Night’ movement during which a mob clashed with police and vandalised parts of the hospital.

In response to the court’s question, the state said, “… there was a mob of around 7,000. The number suddenly swelled… I have videos. 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.”

But the court, which came down strongly on the hospital administration and the cops in earlier hearings – after the doctors’ parents alleged negligence – seemed to dismiss the argument.

A bench led by Chief Justice TS Sivagnanam demanded to know why permission was granted for public protests on so volatile an issue. “Normally police has an intelligence wing… similar things happened on Hanuman Jayanti. If 7,000 are to gather, it hard to believe police did not know.”

The state responded that no permission had been granted, but the High Court refused to let the matter drop, pointing out that Section 144 (which prohibits large public gatherings in notified areas) was in effect at the time. “… you should have cordoned off the area,” the cops were told.

“7,000 people can’t come walking…” the court continued, waving away the state’s arguments.

“This is an absolute failure of state machinery…” the court thundered, “So they (the police) couldn’t protect their own men? A sorry state of affairs. How will doctors there work fearlessly?”

“You are taking measures? What are the preventive measures?” the court also asked.

Meanwhile, arguing for the parents, senior advocate Bikash Ranjan Bhattacharya, claimed the police “hid behind the protesters” and argued that a misunderstanding, and not police action, had saved 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 the police couldn’t save it.”

Kolkata Police, under fire after multiple allegations by the doctors’ parents, have arrested nine people in connection with the vandalism. The police have also trashed reports the vandals targeted and destroyed the crime scene, saying the latter remains in a secured condition.