SC appeals to doctors to return to work, directs states not to take coercive steps against protestors

New Delhi [India], August 22 (ANI): The Supreme Court on Thursday issued many directions to ensure the safety of health professionals and also appealed to doctors to return to their work and directed states not to take any coercive steps or adverse action against the doctors for protesting against RG Kar Hospital incidents.

A bench led by Chief Justice of India DY Chandrachud and also comprising Justices JB Pardiwala and Manoj Mishra passed these directions while hearing the suo motu petition that it initiated in the wake of the rape and murder of a doctor at state-run RG Kar Medical College and Hospital in Kolkata, West Bengal.

The top court asked how public health infrastructure will work if the doctors do not resume work. It also took note of the long working hours of the doctors in public hospital.

CJI DY Chandrachud shared one of his stories and said that he had once slept in a public hospital when one of his relatives was not well and was admitted to the hospital.

The top court also directed the secretary of the Health Ministry to engage with the Chief Secretaries of the State and Director General of Police to ensure the safety of the doctors willing to return to work.

The interim measure for providing safety to doctors came after various organizations urged the top court for it.

FAIMA and the National Federation of Resident Doctors of AIIMS were among the few who have urged the top court to issue interim measures for the doctors until the recommendations made by the National Task Force (NTF) are implemented.

Among other directions issued by the top court, one is the direction to the Ministry of Health to open a portal where stakeholders can submit their suggestions before the committee.

Meanwhile, the top court directed not to disrupt the peaceful protest and the state shall not take any action against those peacefully protesting against the RG Kar incident.

The top court directed all states and Union Territories to ensure that it could prevent any apprehension of violence at medical establishments. In the meantime, Solicitor General Tushar Mehta informed the court that CISF has been deployed at the RG Kar Medical College.

As the lawyers of West Bengal and Centre exchanged heated arguments over the protest, the top court urged not to politicise the situation, and the law is taking its course. The top court said that they are concerned about the welfare and safety of doctors.

The top court noted that the CBI and Kolkata government have filed the status report. The court observed that Kolkata Police is looking after the vandalism in the matter. The top court also noted that the polygraph test request has been submitted to the ACJM and is under process.

The top court directed the ACJM to pass the order no later than the evening of August 23.

Meanwhile, the top court questioned the Kolkata Police over its probe and delay in registration of the FIR in the matter. CJI Chandrachud asked about the medical report of the injury to the accused.

Solicitor General Tushar Mehta apprised SC that the CBI entered the investigation on the 5th day and alleged that everything was altered and the probe agency did not know there was such a report. Senior Advocate Sibal countered SG’s submission and said everything is video graphed not altered.

SG Mehta said that the FIR was registered at 11:45 after the cremation of the body and videography was done after the senior doctors and colleagues of the victim insisted on it and it means they also suspected something. The Supreme Court questioned the West Bengal government on facts relating to the incident.

CJI DY Chandrachud said one aspect is extremely disturbing, the general diary entry of an unnatural death is recorded at 10:10 AM but the securing of the crime scene and the seizures were done at night. SC questioned WB Police and asked the timing of the post-mortem conducted. Senior Advocate Sibal replied that it was around 6:10-7:10 PM.

SC further asked, “When you took the dead body for a post-mortem, was it a case of unnatural death or not and if it was not an unnatural death, then what was the need for a post-mortem?”

The Supreme Court remarked that this is very surprising, as the post-mortem precedes the registration of the unnatural death. SC said to Sibal, “Please make a responsible statement, and do not make a rash statement.”

SC further said to Sibal that when it will take the matter on any next date then please keep a responsible police officer present here as the court has not yet got an answer as to when the unnatural death case was registered.

Justice JB Pardiwala remarked that the entire procedure followed by the WB state is something which he has not come across in his 30 years of career. Justice Pardiwala further raises doubt on the conduct of the assistant superintendent of police and asks why did she act in this manner.

The hearing will continue on September 5.