Taking cognizance of the matter, the Supreme Court emphasised that doctors should return to work to prevent patient suffering.
Published Aug 22, 2024 | 5:11 PM ⚊ Updated Aug 22, 2024 | 6:53 PM
Supreme Court (iStock)
The Supreme Court on Thursday, 22 August, said that no coercive action could be taken against doctors participating in protests over the rape and murder of a doctor in Kolkata, provided they resume their duties immediately.
The court also noted that the doctors had been protesting for over a week. Taking cognizance of the matter, the Supreme Court emphasised that doctors should return to work to prevent patient suffering.
The Supreme Court bench, consisting of Chief Justice of India (CJI) DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, was hearing a suo motu case concerning the death of a junior doctor at RG Kar Medical College and Hospital in Kolkata.
Regarding the petition from junior doctors claiming they are not represented in the Supreme Court, the CJI assured that their concerns would be heard by the National Task Force (NTF).
CJI Chandrachud stated: “Please understand, we leave it to the committee. We have considered this very carefully. If we start asking for representatives of various stakeholders, it becomes an impossible process because the committee’s work will then get dislocated. We are conscious of the fact that the primary concerns of doctors, nurses, and paramedical staff must be considered by the committee members.”
He continued, “We have senior women doctors on the committee who have extensive experience in public health infrastructure. The committee will hear various stakeholders, including interns, residents, senior residents, nurses, and other paramedical staff. Although not all 30,000 doctors, your representatives will be given a chance to speak when the committee convenes. We will ensure that their voices are heard.”
The CJI also addressed social media arguments, stating, “Don’t use social media posts to form legal arguments in court.” The Supreme Court criticised the misinformation circulating online regarding the RG Kar Hospital case, particularly debunking the claim of ‘151 mg semen’ found in the victim’s body. The CJI emphasised, “We have the post-mortem report before us. We understand what 151 mg refers to.”
The Supreme Court on Thursday termed “extremely disturbing” the Kolkata Police’s delay in registering the unnatural death of the woman doctor who was raped and murdered at the RG Kar Medical College and Hospital. It also asked protesting doctors to resume work and assured them that no adverse action would be taken after they rejoined.
Questioning the sequence and timing of legal formalities conducted by police, a bench comprising Chief Justice DY Chandrachud said it was very surprising that the postmortem of the deceased was conducted on August 9 between 6.10 pm to 7.10 pm before the registration of case as unnatural death.
“How was it that the post-mortem was conducted at 6.10 pm on 9 August and yet the unnatural death information was sent to Tala police station at 11.30 pm on 9 August? This is extremely disturbing,” the bench, also comprising Justice JB Pardiwala and Manoj Misra, said.
It directed the Kolkata Police officer, who registered the first entry about the rape-murder that shocked the country, to appear in the next hearing and disclose the time of the entry.
Solicitor General Tushar Mehta, appearing for the CBI, told the top court that the most shocking fact is that the FIR was registered at 11.45 pm after the postgraduate medic was cremated.
“State police told parents it was suicide, then they said it was murder. Victim’s friend suspected cover-up and insisted on videography,” Mehta told the bench.
As the hearing commenced, the top court asked protesting doctors to resume work and assured them that no adverse action would be taken against them after they rejoined.
The apex court was told by the counsel for resident doctors at AIIMS Nagpur that they are being victimised for protesting over the Kolkata rape-murder case.
“Once they get back to duty, we will prevail upon authorities to not take adverse action. How will public health infrastructure run if the doctors do not work?” the bench asked.
“If there is difficulty after that, come to us… but let them first report to work,” it said.
The top court said its heart goes out to all patients visiting public hospitals.
It assured doctors’ associations that the National Task Force would hear all stakeholders.
The brutal assault and murder of the junior doctor have sparked nationwide protests. Her body was found with severe injury marks inside the seminar hall of the state-run hospital’s chest department. A civic volunteer was arrested by the Kolkata Police in connection with the case the following day on August 10.
On 13 August, the Calcutta High Court ordered the transfer of the probe from the Kolkata Police to the CBI, which started its investigation on 14 August.
(Edited by Muhammed Fazil)
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