The Calcutta High Court on Friday (August 16) criticized the West Bengal government for the vandalism at RG Kar Medical College and Hospital, following the rape and murder of a doctor on August 9. The court described the destruction of the medical facility as a complete breakdown of state machinery.

A division bench comprising Chief Justice TS Sivagnanam and Justice Hiranmay Bhattacharya questioned the absence of preventive measures to address the extensive vandalism and violence that took place at RG Kar Hospital in Kolkata on the night of August 14, Live Law reported.

In response, the State reported that although the police attempted to resist, they were overwhelmed by a mob of 5,000 to 7,000 people who breached barriers and injured several officers.

Observing that the scale of the violence indicated a failure in intelligence gathering by the police, a division bench remarked orally: “Normally the police always have an intelligence wing. Similar things happened on Hanuman Jayanti. If 7,000 people were to gather, it would be hard to believe that the state police did not know. You pass S.144 CrPC orders for any reason, but when so much commotion is going on, you should have cordoned off the entire area. This is an absolute failure of state machinery. Could this vandalism have been prevented is the question. Who did it comes later. What is the reason for breaking all facilities? It can never be understood...The police are also injured. Therefore had the law and order failed? Something is required to inspire our confidence."

The court directed the State to respond to allegations that the renovation work was conducted to "erase" evidence from the crime scene.

The State counsel argued that the renovation work was intended for a doctors' restroom. 

Questioning the timing of the renovation, the bench came down heavily on the argument and suggested that they might close the hospital and relocate everyone.

Chief Justice Sivagnanam remarked, "What was the urgency? ...You go to any district court complex, see if ladies have any restrooms! I say this with responsibility. What has the PWD done? ... We'll shift patients to other hospital, close the (RG Kar) hospital. That will be the best. All the stories - 'within 12 hours rest room have to be provided' - see the condition of the restrooms in the court complexes!" Bar and Bench reported.

When the State counsel maintained that the crime scene remains will secured, the bench suggested that the State must submit an affidavit along with photographs to demonstrate that the crime scene remains intact.

"We take your word, let this be on record. Let affidavit be filed. You can substantiate with photographs. We will hear with an open mind," Justice Sivagnanam said.