Protest cannot be at cost of duty: SC to West Bengal doctors protesting over Kolkata rape

New Delhi: The Supreme Court on Monday directed the protesting resident doctors in West Bengal to resume work by 5 pm on Tuesday and assured them they will not face adverse action on resumption of work. The apex court also asked the CBI to submit a fresh report by September 17 on the status of the probe in the rape and murder case of a postgraduate medic at Kolkata’s R.G. Kar Medical College and Hospital.

The top court passed the direction to the protesting doctors after the West Bengal government assured it that no action, including punitive transfers, shall be taken against them on resumption of work.

Noting that he protesting doctors cannot be oblivious to the needs of the community, the top court said: “Any protest cannot be at the cost of duty. The young doctors must now return and attend to patients. We know what is happening on the ground. First, return to work. The district collectors and superintendents of police will ensure (your) safety. You have to now return to work.”

The top court said: “The state of West Bengal must take steps to create confidence in the minds of doctors that their concerns regarding their safety and security are being duly attended to. In order to ensure this, all district collectors and SPs (superintendents of police) shall take stock of the situation in all government medical colleges and public hospitals and provide adequate safety. We also direct that in the event the doctors return to duty on or before 5 pm (on Tuesday), no adverse disciplinary action should be taken against them. If there is continued abstention of work, there may be a likelihood of adverse action.”

Senior advocate Kapil Sibal, appearing for the West Bengal government, told the top court that 23 people have died in the state as doctors are on strike protesting against the rape and murder incident. The public is suffering and healthcare has been in total disarray in the state due to the protests, Mr Sibal said, adding that no permission or route map is being sought by the protesting doctors.

Voicing concern over the lack of a vital document required for the autopsy of the victim, a bench of Chief Justice D.Y. Chandrachud and Justices J.B. Pardiwala and Manoj Misra said: “Where is the challan of the body when it was handed over for post-mortem?”

The bench also sought an answer from the CBI and the West Bengal government on the issue of challan for the post-mortem of the victim and posted it for hearing on September 17.

Solicitor-general Tushar Mehta, appearing for the CBI, told the bench that the challan was not part of their case records.

Mr Sibal told the bench that he could not find the document immediately and would get back to the court on this matter.

The court also flagged the 14-hour Kolkata police delay in registering an FIR in the rape-murder incident at the R.G. Kar Hospital premises on August 9.

The apex court also directed the immediate removal of the photographs of the victim from all social media platforms to protect the dignity and privacy of the deceased.

After perusing the report filed in a sealed cover by the solicitor-general, the top court said: “A status report has been filed by the CBI, it appears that investigation is in progress, we direct the CBI to file a fresh status report… We don't want to guide the CBI on its investigation.”

The S-G told the bench that the CBI has decided to send the forensic samples to AIIMS for further investigation.

The apex court also directed a senior officer of the West Bengal government’s home department and a senior CISF officer to ensure all three companies of the Central paramilitary force, which are deputed for security at the R.G. Kar Hospital, are given accommodation. “Arrangements have been made for providing six buses four trucks and three light motor vehicles. We direct the state government to provide all the requisitions by 5 pm and security gadgets by 9 pm,” the bench said.

The West Bengal government’s counsel told the bench: “A status report has been filed. The state health department has filed a report. Twenty-three people have died as the doctors are on strike.”

On August 22, the apex court slammed the Kolkata police for the delay in registering the unnatural death of the woman doctor, calling it “extremely disturbing”, and questioned the sequence of events and the timing of its procedural formalities. Dubbing the incident as “horrific”, the top court had excoriated the state government over the delay in filing the FIR and allowing thousands of people to vandalise the hospital on August 14. The top court had constituted a 10-member National Task Force to formulate a protocol for ensuring the safety and security of doctors and other healthcare professionals.

On August 13, the Calcutta High Court ordered the transfer of the probe from the Kolkata police to the CBI in response to a petition by the victim’s parents. The rape-murder of a junior doctor in a seminar hall of the Kolkata hospital has triggered a nationwide uproar.