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Synopsis

On a grievance being made by the State of West Bengal, the Supreme Court has today directed all doctors, abstaining from work as a sign of protest against the incident at RG Kar Medical College and Hospital, to return back to their duty by 5 PM tomorrow.

"The resident doctors cannot be oblivious to the needs of the general community to whom they are to serve...if there is continued abstention from work despite the above arrangements being out into place, there may be adverse actions being adopted, which may best be avoided by returning back to work..", the Chief Justice of India said today.

While issuing these directions, court has also made sure that requisite safety measures are taken to protect the doctors.

State of West Bengal has been asked to take necessary steps to create confidence in the minds of doctors and address their concerns with regards to their safety. Accordingly, the District Collectors and SPs shall take stock of the situation to ensure that steps have been taken to ensure safety of all doctors

In this regard the following steps are to be undertaken, 1. Separate restrooms must be created for the male and female doctors, 2. Availability of toilet facilities, and 3. The installation of CCTV cameras.

"Kolkata Police's status report indicates that funds have been sanctioned by the state for setting up additional CCTVS in the hospitals across the state and for necessary work towards creating other facilities for the doctors. This shall be continuously monitored...", the bench also comprising Justices Pardiwala and Manoj Misra has added.

During the hearing today, the Solicitor General flagged the issue of Kolkata Police hiding information from the CBI, who is currently investigating the matter. The SG asked why the copy of status report submitted by Senior Advocate Kapil Sibal, appearing on behalf of Kolkata Police, before the CJI Chandrachud led bench was not provided to him.

Central Bureau of Investigation (CBI) began 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.

Previously, the Supreme Court of India had also set up a National Task Force to develop a national protocol aimed at ensuring the safety and protection of women doctors across the country.

Top Court took cognizance of the issues after letter petitions were filed addressing the Chief Justice of India asking him to take suo moto cognizance of this case and issue directions for an immediate and impartial investigation into the attacks on doctors protesting against the incident at the R.G. Kar Medical College.

The victim was found dead in a seminar hall at the hospital last Friday. The CBI has registered an FIR, building on the initial police report, which includes charges of rape and murder.

Case Title: In Re Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related issues