Suo Moto Cognizance: Urgent Call for Justice in Kolkata Rape-Murder Case

Suo Moto Cognizance: Urgent Call for Justice in 

Kolkata Rape-Murder Case



Supreme Court Lawyers Urge Action


In a deeply distressing incident, two Supreme Court lawyers, Advocates Ujjawal Gaur and Rohit Pandey, have written to Chief Justice of India DY Chandrachud, urging the Supreme Court to take suo moto cognizance of the horrifying rape and murder of a postgraduate doctor at Kolkata's RG Kar Medical College. The lawyers emphasized the gravity of the situation, calling for the highest court to intervene immediately.


A Cry for Justice


The letter sent by the advocates to the Chief Justice highlights the brutal nature of the crime and the need for urgent judicial intervention. They underscored that the judiciary is viewed as the ultimate guardian of justice, and it must act swiftly to ensure that such heinous crimes do not go unpunished. The letter also called for a strong message to be sent out, emphasizing that the dignity of women and the sanctity of life must be protected with the full force of the law.


Second Petition Filed


Another letter petition has been filed by Dr. Monica Singh from the Army College of Dental Sciences in Secunderabad, Telangana, through her advocate Satyam Singh. This petition urges the Supreme Court to intervene in the wake of a series of violent attacks on medical professionals, particularly following the tragic incident at RG Kar Medical College. The petition calls for the immediate deployment of Central Forces to protect the college and its staff, ensuring their safety amidst the escalating tensions.


Nationwide Outcry


The incident, which occurred on August 9, 2024, has sparked widespread outrage. The tragic death of the young doctor has led to nationwide strikes and protests by civil society and the medical community, demanding severe punishment for the accused and greater safety measures for medical professionals.


What is Suo Moto Cognizance?


Understanding Suo Moto Powers


Suo moto cognizance refers to the power of courts, particularly the Supreme Court and High Courts in India, to initiate legal proceedings on their own, without a formal petition from any party. This extraordinary power allows the judiciary to step in when it perceives a significant violation of rights or when public interest demands urgent attention.


Constitutional Provisions


The power of suo moto cognizance by the Supreme Court is derived from Article 32 of the Indian Constitution, which empowers the Court to enforce the fundamental rights of citizens. Similarly, High Courts have suo moto powers under Article 226, allowing them to intervene in cases of public importance or where there is a failure of justice.


When Can Courts Take Suo Moto Cognizance?


Courts typically take suo moto cognizance in cases involving gross violations of fundamental rights, significant public interest issues, or where there is an urgent need to uphold the rule of law. Instances include cases of environmental degradation, human rights violations, corruption, and instances like the current Kolkata incident, where the safety and security of citizens, particularly vulnerable groups, are at stake.


Conclusion


The Kolkata rape-murder incident has shaken the conscience of the nation. The petitions for suo moto cognizance by the Supreme Court highlight the urgency and seriousness of the situation. It is imperative that the judiciary acts swiftly to ensure justice is served and to restore faith in the legal system as the ultimate protector of rights and dignity.

Location: Pune, Maharashtra, India

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