SC to hear Kolkata doctor rape-murder case on Tuesday

The court its latest order, directed the doctors to resume work by September 10. However, the doctors have not returned to their duties, which constitutes a violation of the court’s order.
Supreme Court
Supreme Court (File photo | PTI)
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NEW DELHI: Amid ongoing protests by junior doctors in West Bengal against the brutal rape and murder of a medico at RG Kar Medical College and Hospital in Kolkata, the Supreme Court is scheduled to hear a suo motu case on Tuesday.

According to the causelist on the Supreme Court's website, the case is listed as the first item on Tuesday, September 17, before a three-judge bench led by Chief Justice D.Y. Chandrachud, with Justices J.B. Pardiwala and Manoj Misra.

The body of the medico, found with severe injury marks, was discovered inside the seminar hall of the hospital’s chest department on August 9.

The Supreme Court, in its latest order on September 9, directed the protesting junior doctors to resume work by September 10, 5 p.m. However, as of now, the doctors have not returned to their duties, which constitutes a violation of the court’s order. The court had warned that failure to comply could lead to disciplinary and punitive action by the state government.

On Monday, the West Bengal government invited the protesting junior doctors for talks "for the fifth and final time" to resolve the deadlock.

In a bid to garner further support, the protesting doctors have also reached out to the President and Prime Minister of India, seeking their intervention.

The Supreme Court has mandated that the West Bengal government take steps to reassure doctors about their safety and security. The police are to ensure that necessary conditions are created, including separate duty rooms, toilet facilities, and the installation of CCTV cameras.

"District collectors and superintendents of police must address the situation and ensure the safety and security of doctors at government medical colleges and hospitals. This includes creating restrooms for male and female doctors and installing CCTV cameras. The state police has sanctioned funds for additional CCTV cameras, and this will be monitored continuously by district collectors and superintendents of police," the court's order stated.

Supreme Court
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The Supreme Court urged the doctors to return to work, assuring them that no adverse or punitive actions, including transfers, would be taken against those who resume their duties. "Doctors are in the system to render service. No punitive action will be taken against doctors who join work," the court said.

During the last hearing, Kapil Sibal, representing the West Bengal government, alleged a mass abstention from work by resident doctors across the state for 28 days, resulting in severe disruptions to healthcare services. He stated, "23 people have died as a result."

The Supreme Court noted that funds had been allocated for additional CCTV cameras and other safety measures for doctors. The court passed the order after Sibal assured that the safety of doctors who return to work would be ensured.

The court also directed that security provisions through CCTV should be monitored by the district Superintendent of Police. "Due security must be provided to doctors, but they must return to work and attend to patients. They must now come to work," the court emphasized.

The court was informed by Sibal that resident doctors had not resumed work, leading to a crisis in the healthcare system.

Additionally, after reviewing the status reports from the CBI and the West Bengal government, the Supreme Court observed that there was at least a 14-hour delay in the registration of the FIR concerning the rape and murder incident by Kolkata police. The court noted that there were two known facts: the time when the victim went to the seminar hall to rest and the subsequent movements around that room.

The Supreme Court also directed the immediate removal of photographs of the RG Kar Hospital victim from all social media platforms and electronic media to protect the dignity and privacy of the deceased.

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