
The Supreme Court on Wednesday directed hospitals to ensure regularising the unauthorised absence of those doctors who were part of the protests against the rape and murder of a doctor at RG Kar Hospital, Kolkata and demanding Justice for the victim and her family members.
One of the doctors’ body on Wednesday submitted to the apex court that some hospitals had regularised the absence of the doctors following its August 22, 2024 order but a few others, including the AIIMS Delhi, decided to treat the period as leave of absence.
After hearing this, the CJI took note of the doctor's body's submissions and made it clear that if protesting workers had joined work after the Supreme Court's order then their absence would be regularised.
"We deem it appropriate to clarify that if protesting workers had joined work post the Supreme Court order then their absence shall be regularised and not be treated as absence from duty. This is issued in peculiar facts and circumstances of the cases and is not laying down any precedent,” the CJI said.
The apex court passed the direction of regularising the unauthorised absence of those doctors after being apprised that the decision to treat the protest period as leave “may create trouble for some of the medical post-graduate students”.
Solicitor General Tushar Mehta, representing the Centre, said as the case was non-adversarial, the hospitals would abide by the top court's directions.
Mehta said AIIMS, Delhi, decided to treat the period as leave of absence availed by the doctors.
"By an earlier order, it was stated that no coercive step would be taken against the protesting doctors for protests till the date of the order. Pursuant to this some of the AIIMS such as Kalyani and Gorakhpur and the PGI Chandigarh have regularised the absence. However some other institutes have treated the said period as if doctors were on leave," said the bench.
On August 22, last year, the bench made an impassioned appeal to the protesting doctors across the country, asking them to resume work.
Observing "justice and medicine" couldn't be stopped, it directed no coercive action would be taken against doctors once they resumed work.
Taking suo motu cognisance in the brutal rape and murder of the 31-year-old resident doctor in the R G Kar Medical College and Hospital in Kolkata, a three-judge Bench of the top court was hearing the case.
As per the prosecution, the victim-doctor was allegedly found dead at a seminar hall of the college on August 9, last year. An autopsy confirmed that she was raped and murdered.
The incident sparked nationwide outrage and protests with doctors in various parts of the country going on strike demanding stricter laws and policing to ensure the safety of medical professionals.
On January 20, a Kolkata trial court awarded convict Sanjay Roy "life term imprisonment till death" in the case.
(With inputs from PTI)