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The Supreme Court on Thursday asked doctors protesting the rape and murder of a postgraduate medic at RG Kar Medical College and Hospital in Kolkata to stop the strike and return to work. The court assured the doctors that no adverse action would be taken once they rejoin.
A bench headed by Chief Justice D Y Chandrachud was told by the counsel for resident doctors at AIIMS Nagpur that they are being victimised for protests 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, also comprising Justice J B Pardiwala and Manoj Misra, said.
If there is difficulty after that then come to us, but let them first report to work, the bench said.
The court also expressed deep concern over several aspects of the case, terming the delay in registering the FIR as "extremely disturbing."
Solicitor General Tushar Mehta informed the Court that the FIR in the case was registered at 11:45 pm, after the victim had already been cremated. This revelation has heightened scrutiny of the police's handling of the case.
The CBI further reported to the Court that initially, the state police had informed the victim's parents that the death was a suicide. It was only later that the police acknowledged it as a murder. Additionally, the CBI noted that the victim’s friend had suspected a cover-up and had insisted on videography to ensure transparency.
The Supreme Court has also directed the Kolkata Police officer who first recorded the incident to appear at the next hearing to explain the timing of the entry. It has been highlighted that the postmortem of the victim was conducted before the case was officially registered as an unnatural death, a procedure that has been described by the Court as surprising and troubling.
The court also urged the councils for the Centre and West Bengal government not to politicize the incident as the law takes its own course.
"We urge not to politicize the situation and that the law is taking its course," the top court said, in its order.
The court also directed the Ministry of Health to open a portal where stakeholders can submit their suggestions before the National Task Force on issues related to the safety and security of healthcare professionals.
The top court on Tuesday had constituted a 10-member National Task Force (NTF) to formulate a protocol for ensuring the safety and security of doctors and other health care professionals.
The Court has assured doctors' associations that the newly constituted National Task Force (NTF) will hear all stakeholders involved in the Kolkata rape-murder case.
Terming the incident as "horrific", the apex court had excoriated the state government over the delay in filing the FIR and allowing thousands of miscreants to vandalise the state-run facility.
The alleged rape and murder of the junior doctor in a seminar hall of the state-run hospital has sparked nationwide protests.
The medic's body with severe injury marks was found inside the seminar hall of the hospital's chest department on August 9.
A civic volunteer was arrested by the Kolkata Police in connection with the case the following day.
On August 13, the Calcutta High Court ordered the transfer of the probe from the Kolkata Police to the CBI, which started its investigation on August 14.
(With inputs from Suchitra Kalyan Mohanty)