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Denies Urgent Relief To RG Kar Witness
The on Tuesday declined to grant or an to Sanjib Mukherjee, a self-identified neighbour of the RG Kar rape-murder victim and a prosecution witness in the case. Mukherjee approached the court alleging that his house was vandalised following the declaration of the West Bengal Assembly election results, seeking and . Justice Saugata Bhattacharyya, before whom the matter was mentioned, refused to bypass standard procedures, directing the petitioner to file the petition formally, serve notices, and wait for .
This decision underscores the High Court’s commitment to established , even in matters involving high-profile criminal cases that continue to attract significant public and political attention months after the trial concluded.
Background of the RG Kar Case
The RG Kar Medical College and Hospital rape and murder case emerged as one of the most shocking incidents to grip the nation last year. A post-graduate trainee doctor was found raped and murdered within the hospital premises in Kolkata in August, triggering widespread protests by the medical fraternity, civil society organisations and opposition parties demanding justice and enhanced safety protocols for healthcare workers.
The investigation, initially handled by state police and later transferred to the , culminated in the conviction of the sole accused, Sanjay Roy. The sentenced Roy to life imprisonment after evaluating witness testimonies, forensic evidence and other materials presented during the trial. Sanjib Mukherjee, the present petitioner, claims to have deposed as a prosecution witness during these proceedings.
The case assumed renewed political significance during the recently concluded West Bengal Assembly elections. The victim’s mother contested and won a seat on a Bharatiya Janata Party ticket, placing the tragic incident once again at the centre of electoral discourse concerning law and order, women’s safety and institutional accountability.
Petitioner’s Claims and Court Proceedings
When the matter was mentioned before Justice Saugata Bhattacharyya, counsel for Sanjib Mukherjee opened with a direct appeal for urgent consideration. The lawyer informed the bench:
“Milord, I am mentioning an urgent matter. I am the neighbour of the RG Kar rape-murder victim Abhaya. I was the prosecution witness.”
The counsel further alleged that following the announcement of election results, the petitioner’s residence had been vandalised. Expressing concern for personal safety, the advocate pressed the court for immediate leave, stating that the house was “being vandalised” and that urgent protection was required.
Mukherjee’s plea highlighted the perceived link between the political climate post-elections and his role as a key witness in the landmark trial. He argued that such incidents could deter future witnesses from coming forward in sensitive criminal matters.
The High Court’s Directive on Procedure
However, the bench remained firm in its insistence on adherence to regular practice. Justice Bhattacharyya observed:
“File it as per presentation form, it will come. No leave.”
When counsel persisted, seeking special leave due to the ongoing threat, the court reiterated the established protocol:
“File it, give notice, it will come. That is the usual practise. Give .”
The court clarified that the petition would be taken up in its normal turn on the once filed and notices served on the state authorities and other necessary parties. No detailed examination of the merits or grant of occurred at this .
Legal Implications for Urgent Reliefs
This episode offers a clear illustration of how manages requests for . High Courts across India routinely balance the need for expeditious relief in genuine cases of threat or irreparable harm against the risk of abuse of the process through repeated mentioning of matters out of sequence. By directing the petitioner to serve notice and await , Justice Bhattacharyya reinforced the principle that even emotionally charged claims must follow .
For legal practitioners, the ruling serves as a reminder that mentioning an urgent matter successfully requires demonstration of true exigency that cannot wait for the ordinary listing mechanism. Courts expect counsel to justify why 48 hours’ notice would cause . Here, while the allegations of vandalism raised serious concerns, the bench apparently concluded that the situation did not warrant bypassing notice requirements.
Intersection with Electoral Politics and Witness Safety
The post-election timing of the incident injects an additional layer of complexity. Witness intimidation, whether real or perceived, poses a perennial challenge in India’s criminal justice system, particularly in cases that acquire political overtones. Mukherjee’s position as both a neighbour and prosecution witness places him potentially at the intersection of lingering public outrage and partisan narratives surrounding the RG Kar tragedy.
The victim’s mother’s electoral victory on a BJP ticket has kept the case in the political spotlight. Any allegation of post-poll violence naturally draws scrutiny regarding whether such acts represent spontaneous backlash, orchestrated intimidation or isolated criminality. While the High Court refrained from commenting on these aspects at this stage, the petition, once listed, may invite the state government to place its version of facts before the court, possibly including police reports on the alleged vandalism.
Broader Impact on Criminal Justice Practice
From a systemic perspective, the ’s approach aligns with similar decisions across other High Courts that have emphasised . Granting instant relief without notice can sometimes lead to one-sided orders that later require modification once the opposite party is heard. In witness protection matters, courts increasingly prefer structured mechanisms such as invoking framed by state governments or seeking reports from the trial court rather than issuing at the mentioning stage.
For lawyers handling sensitive criminal appeals or post-trial proceedings, this case highlights the strategic importance of preparing a complete petition with and before approaching the bench for urgent relief. Thorough documentation demonstrating prior complaints to the police, medical reports if any injuries were sustained, and photographic evidence of vandalism would strengthen the case when it finally comes up for hearing.
The episode also resonates with ongoing national conversations about the safety of witnesses and medical professionals. Following the RG Kar incident, several states have introduced or strengthened measures for hospital security and fast-track courts for crimes against healthcare workers. Yet, the alleged targeting of a prosecution witness after trial conclusion points to residual vulnerabilities in the system even after a conviction is secured.
Conclusion
By declining to grant on Tuesday, the has signalled its commitment to orderly judicial process while keeping the door open for the petitioner to pursue his remedy through the regular channel. Once Sanjib Mukherjee files the petition and serves 48 hours’ notice, the matter is expected to appear on the cause list before Justice Saugata Bhattacharyya or an appropriate bench. At that stage, the court will have the opportunity to examine the veracity of the vandalism allegations, assess the and consider appropriate protective measures if warranted.
For the legal community and observers of the criminal justice system, the development serves as both a procedural lesson and a reminder that high-profile cases like RG Kar continue to generate repercussions well beyond the pronouncement of sentence. The interplay between witness safety, political developments and judicial restraint will likely remain under scrutiny when the petition is eventually heard in full.
