RG Kar Rape-Murder: CBI Must Reveal Reasons For Failure To Frame Chargesheets Against Two Prime Accused

The Central Bureau of Investigation (CBI) has become the target of public ire in Bengal after its shocking failure to frame chargesheets against two prime accused in the RG Kar rape-murder case—RG Kar principal Sandip Ghosh and police officer Abhijit Mandal—leading to both being granted bail last week.

Ghosh and Mandal had been arrested by the CBI and charged with destruction of evidence and criminal conspiracy under relevant sections of the BNS. Mandal, the officer-in-charge of Tala Police Station, which oversees the RG Kar Medical College & Hospital, is accused, along with Ghosh, of conspiring to destroy evidence, derail investigations, mislead the victim’s family, and delay the lodging of an FIR.

However, the trial court granted them bail on Friday, 13 December, after the CBI failed to submit even preliminary chargesheets against them. This failure triggered protests over the weekend across Kolkata, with most of the anger directed at the CBI.

Junior doctors and citizens marched to the CBI office in Salt Lake, staging a dharna for a few hours on Saturday, 14 December. They were joined by the victim’s parents and citizens from all walks of life.

Elsewhere in the city, protests were held by citizens’ groups and doctors' bodies such as the Service Doctors’ Forum (a body of government doctors), Medical Service Centre, Joint Platform of Doctors (a body of senior doctors), and Nurses’ Unity. Everyone lambasted the CBI for its failure and demanded that the agency shed its complacency.

A large protest rally in south Kolkata was also organised by Abhaya Manch, a forum of citizens named after Abhaya, the rape-murder victim. At that rally, speakers alleged a nexus between the union and state governments to shield the guilty. Protestors burned effigies of Prime Minister Narendra Modi, Chief Minister Mamata Banerjee, and the CBI Director.

The protesting doctors and citizens also called on Chief Minister Mamata Banerjee to grant the necessary approvals for the prosecution of Ghosh and Mandal.

Why The CBI Could Not Submit The Chargesheets

While there can be no excuse for the CBI’s failure to frame chargesheets within the 90-day period that led to Ghosh and Mandal being granted bail, it must be understood that the CBI is not wholly to blame.

The CBI is investigating several high-profile cases, ranging from ponzi scams to coal mining, cattle smuggling, and education department job scams in Bengal, in addition to the RG Kar rape-murder case.

The agency is hamstrung by a severe shortage of staff and technical personnel needed to uncover digital evidence concealed in many electronic and storage devices recovered during raids in these cases over the past few years.

“We are human and overwhelmed by the workload. Most of what we do is highly technical in nature, requiring a high level of investigative skill,” a senior CBI officer explained to Swarajya on condition of anonymity.

“The nature of our work is such that we cannot suddenly increase our manpower. It takes years to train people in investigative skills like cracking electronic devices, analysing financial documents, deciphering money trails, and understanding relevant laws. So, we have to work with the resources we have,” the officer explained. 

Ghosh is believed to be very close to the top leadership of the Trinamool Congress and had effectively run the state health department, which may explain the reluctance to grant the necessary sanction to prosecute him.

Mandal, accused of conspiring with Ghosh and others to destroy evidence and derail the investigation, held a crucial position as the officer-in-charge (OC) of a Kolkata police station. His arrest led to an outpouring of support from other police officers, particularly those in the middle ranks, including assistant sub-inspectors, sub-inspectors, and inspectors. They accused senior officers of not standing by their colleague.

Granting prosecution sanction for Mandal would have likely caused unrest among these middle-ranking officers, who, according to opposition parties, are largely seen as Mamata Banerjee’s supporters and agents. Mamata Banerjee, who relies on the police to maintain her grip on Bengal’s politics, is understandably reluctant to upset this group.

What The CBI Must Do

However, none of this makes the CBI helpless. The agency must launch a public relations exercise to explain its shortcomings and the reasons behind its failure to submit chargesheets against the two prime accused on time.

The CBI must publicly announce that the state government did not grant the crucial ‘prosecution sanction’ required to prepare chargesheets against Ghosh and Mandal.

The people of Bengal must understand that such sanction is necessary, and without it, the CBI cannot frame charges against government employees. The CBI should not take the blame for the Mamata Banerjee government’s deliberate failure to grant the necessary sanctions.

The CBI has only briefly mentioned before the Supreme Court that much of the evidence in the rape-murder case was deliberately destroyed. However, stating this before the Supreme Court is not enough.

The CBI must publicly disclose how crucial evidence was destroyed, how the crime scene was not secured, how unrelated people were allowed into the seminar hall (where the victim’s body was found), how Ghosh and Mandal conspired to destroy evidence, and how other procedural mistakes were made by the police to derail the investigation.

The people of Bengal—and the rest of the country—need to know how the Mamata Banerjee government, through its officers, tried to suppress the case from the beginning and derail the investigation. They must also be informed about how the state government is dragging its feet on granting prosecution sanctions for Ghosh and Mandal.

The CBI must clarify its position and avoid being unfairly held responsible for delays in the case. By publicly disclosing the facts, the agency can help redirect public attention to the factors impeding its work, including the lack of prosecution sanctions.

In this instance, transparency is the best approach, as the people deserve to know the truth.