SC assures of no-coercive steps against doctors protesting over RG Kar incident; expects them to rejoin duty

Read Time: 06 minutes

Synopsis

The issue of implementation of laws already in place for various states for protecting medical professionals was also brought up before court today

The Supreme Court has today assured doctors protesting over the Kolkata rape and murder incident, that no coercive steps shall be taken.

Court has further said that it is expecting compliance with the assurance given to court that the doctors would re-join duty.

This order came after a counsel informed the CJI Chandrachud led bench that protesting doctors were facing backlash.

"An apprehension has been expressed on behalf of the doctors that they are being proceeded against over protests. We are expecting compliance with the assurance given to court that they would re-join duty. We order that no coercive steps shall be taken for those who have protested in the past...", the bench went on to order.

Interim Measures for Doctor's protection

Another request was made before the apex court for interim measures to be put in place till the report from National Task Force could come.

Court went on to ask Solicitor General Tushar Mehta if he could ask the Health Ministry to have a talk with the state health departments.

To this the SG replied, "We can only help accelerate the process, law and order is under the state..".

Accordingly, the bench went on to order, "Secretary of Health Ministry shall engage with the Chief Secretaries and Director Generals so as to ensure that the state governments put in certain basic requirements pending the report of the NTF to assuage the concerns of the doctors over their safety".

Earlier today, Supreme Court expressed anguish and shock at the manner in which the case concerning the brutal rape and murder was handled by the West Bengal State machinery.

“The post mortem preceded the registration of an unnatural death case and FIR. I have never in 30 years seen a case being handled like this,” Justice JB Pardiwala said, while expressing deep concern and questioning Senior Advocate Kapil Sibal representing the State Government of West Bengal.

According to the bench reviewing the status report, the unnatural death case was registered at 11.30 pm at night, while the death was reported at 10.10 am. Further, the post mortem and autopsy of the young doctor victim was conducted hours prior to the registration of FIR for an unnatural death at 11.45 pm. The bench said that the record was clear about this and the state has many answers to give.

Top court took suo motu cognizance of the incident from August 9, 2024 where a young doctor working at a medical college in Kolkata was brutally raped and murdered.

A bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra is currently seized with the matter.

Central Bureau of Investigation (CBI) has begun investigating the alleged rape and murder of a 31-year-old junior doctor at R G Kar Medical College in Kolkata, following the Calcutta High Court's decision to transfer the case to CBI due to the lack of progress in the state police's investigation and suspicion of evidence tampering.

Case Title: In Re: Alleged Rape And Murder Incident of a Trainee Doctor In R.G. Kar Medical College And Hospital, Kolkata And Related Issues