The apex court cautioned that if the doctors fail to comply, the state government would be free to take disciplinary action against them.
NEW DELHI – The Supreme Court on Monday directed junior doctors, who have been protesting the rape and murder of a 31-year-old medico, to resume their duties by 5 p.m. on Tuesday.
The court cautioned that if the doctors fail to comply, the state government would be free to take disciplinary action against them, the New Indian Express reported.
A three-judge bench, led by Chief Justice of India D.Y. Chandrachud and comprising Justices J.B. Pardiwala and Manoj Misra, issued the order after considering the grievances of the junior doctors and the West Bengal government.
The bench stated, “Junior doctors must return to work by tomorrow at 5 PM. No action should be taken against them until that time. If the doctors do not resume work, we cannot prevent the state government from taking disciplinary measures. However, if they do return to work, no punitive action will be taken, as we are seized of the matter.”
The court also emphasised that the West Bengal government must implement measures to restore doctors’ confidence regarding their safety. It instructed the police to ensure the creation of necessary conditions for the doctors’ safety, including the provision of separate duty rooms, toilet facilities, and the installation of CCTV cameras.
“District collectors and the Superintendent of Police must address the situation to ensure the safety and security of doctors in government medical colleges and hospitals. This includes establishing restrooms for male and female doctors and installing CCTVs. The state police affidavit confirms that funds have been allocated for additional CCTVs, and this will be monitored continuously by district collectors and the Superintendent of Police,” the court said.
The Supreme Court urged the doctors to return to their duties, stating, “Doctors are here to provide service. No adverse action, including transfers, will be taken against those who resume work.”
During the hearing, Kapil Sibal, representing the West Bengal government, highlighted the severe disruption in healthcare services due to the mass absenteeism of resident doctors over the past 28 days, resulting in 23 deaths.
The top court took note of the funds sanctioned for additional CCTV installations and other safety measures and issued its order following assurances from Sibal regarding the safety of doctors returning to work.
Sibal informed the court that the healthcare system was in crisis due to the ongoing strike by resident doctors.
Additionally, the Supreme Court, after reviewing the status reports from the CBI and the West Bengal government, noted that the CBI has identified certain leads in the case. The court has asked the CBI to submit a further status report by September 16 on the progress of the investigation and scheduled the next hearing for September 17.
The bench observed, “It is evident that there was a delay of at least 14 hours in the registration of the FIR by the Kolkata police regarding the rape-murder incident. We know the time when the victim went to the seminar hall and the subsequent movements around that room.”
The apex court also directed the immediate removal of all photographs of the RG Kar hospital victim from social media and electronic platforms to protect the dignity and privacy of the deceased.
‘How Can I ask Protesters to Return to Festive Mood’, asks RG Kar Victim’s Mother
The mother of the junior doctor who was found raped and murdered at the R.G. Kar Medical College and Hospital in Kolkata on Monday questioned the appeal made by West Bengal Chief Minister Mamata Banerjee that the protestors should return to festival mood ahead of next month’s Durga Puja and refrain from starting mass agitations.
Interacting with media persons on Monday, the Chief Minister said, “If you stay on the roads every night, it will cause inconvenience to many people, especially the elders. There is a bar on using microphones after 10 p.m. which we have ignored so far. I will request all of you to get back into the festive mood. I will also request the CBI to ensure justice in the RG Kar case.”
“All the lights of the festival at my residence have extinguished following the horrific end met by my daughter. In such a mental state, how can I ask the protesters to return to the festive mood? What the Chief Minister said was an attempt to end the spontaneous protests demanding justice for my daughter,” the victim’s mother told the media after the Chief Minister issued the appeal through media from the state Secretariat Nabanna.
The protesting junior doctors also found the Chief Minister’s appeal ‘highly insensitive’.
According to them, the appeal is an attempt to isolate the protesting representatives of the medical fraternity from the people who have joined the protests spontaneously from different walks of life.
The junior doctors also did not buy the Chief Minister’s claim that although Kolkata Police Commissioner Vineet Kumar Goyal met her with the intention of resigning from his post, she did not accept his proposal keeping in mind the forthcoming festive season starting with Durga Puja (October 9-13).
According to them, not accepting Goyal’s resignation is equivalent to insulting the mass demand for his removal from the chair.
“Using the festival season as an excuse is unacceptable,” a protesting doctor said.
Meanwhile, Bengal BJP President and Union Minister of State Sukanta Majumdar said the Chief Minister does not have the right to dictate people as to when they will end their agitation on such a sensitive issue.
“Entire Bengal is in a state of shock. Even elderly persons who never walked in any procession in their lives are now on the streets condemning the ghastly rape-murder. But instead of expressing solidarity with the spontaneous protesters, the Chief Minister is asking them to get into a festival mood. This is simply unacceptable,” Majumdar said. — IANS
