KOCHI: Pointing fingers at the police a day after a young doctor was stabbed to death by a patient, the Kerala High Court on Thursday held that it is the fundamental duty of any police officer to guard a citizen, even at the cost of their own lives.
“The preliminary information that we have is that, for some reason, Vandana Das was alone in the observation room at that particular point of time. This is a gruesome incident, which should never have happened,” said the court.
The court directed the police chief to evolve sufficient and effective protocols with respect to the manner in which persons in custody — be it accused or otherwise — are to be presented in hospitals.
The government told the court that an investigation is going on into the death of Vandana Das. Then the court directed the state police chief to ensure that the investigation is carried out in her name faithfully, truthfully and diligently. A Division Bench comprising Justice Devan Ramachandran and Justice Kauser Edappagath directed the police chief to evolve effective protocols with respect to the manner in which persons in custody are to be presented before hospitals or medical professionals as part of the criminal justice system.
It was the obligation of the police headed by SPC to ensure that the hospitals and personnel who man them are adequately and sufficiently protected “on a day-to-day basis for the 24-hour time frame.”
The court also directed that, for the time being, every protocol applicable for the production of the accused or persons in the custody of the police before the magistrate shall be made applicable in the case of the production of such persons in hospitals or before doctors or healthcare professionals concerned.
State police chief Anil Kant and ADGP (Law and Order) M R Ajithikumar appeared online before the court. The police team exhibited the CCTV visuals containing the production of the accused at the hospital along with police personnel. The police said that he was normal at the time of taking the OP ticket.
The court observed that there can be little doubt that the killing of a doctor by a person in custody of the police, be that as an accused or in any other person, points to a “systemic failure”.
PEOPLE ARE WAITING AT HOSPITALS: HC ON DOCS’ STIR
Referring to the strike by the doctors, the court asked the senior counsel for the IMA why it was still continuing with the strike despite the court’s intervention. The court pointed out that people were waiting at hospitals. “We cannot turn a blind eye to that either,” said the court. The counsel then replied that he would take up the issue with the IMA. The court directed the government pleader to look into the demand of IMA to appoint a special prosecutor in the murder case.