Justice (Retired) Madan Lokur today highlighted several shortcomings in the investigation of the Kolkata rape-murder case, which has sparked widespread protests from the medical community nationwide. In an exclusive and extensive interview, he also delved into why courts are increasingly addressing issues that are fundamentally about governance.
In this particular case, Justice Lokur pointed out that the woman’s body, which served as crucial evidence, was cremated prematurely.
“What was the rush? Bodies are typically kept in the morgue,” he told NDTV. He also raised concerns about the delay in filing the First Information Report (FIR), stating, “While it may not hold significant investigative weight, the early cremation was a mistake.”
Questions have also been raised about the postmortem report, despite the state’s claim that the entire procedure was videotaped.
Earlier today, the Supreme Court scrutinized the FIR. Chief Justice of India DY Chandrachud questioned the timeline: “The body was recovered at 9:30 am, but the FIR was filed at 11:30 pm. Why was there a 14-hour delay in filing the FIR?”
Justice JB Pardiwala further questioned why the police’s conclusion of an “unnatural death” remained unchanged even after a full day had passed, particularly after the postmortem.
“If an unnatural death case was filed before the autopsy, what was the basis? And if it was filed after the autopsy, why was it necessary? The autopsy had already determined the cause of death,” he noted.
When asked about courts taking suo motu cognizance of governance issues like women’s safety, Justice Lokur acknowledged that this reflects a failure in governance.
Also Read: 65-Year-Old Karnataka Woman Allegedly Raped On Government Hospital Grounds
