New Delhi: The Supreme Court on Thursday asked all protesting doctors to return to work, assuring them that there be no victimization or any adverse action against them. The apex court assured doctors' associations that the National Task Force will hear all stakeholders.
The Supreme Court made the remarks after it commenced hearing a suo motu case related to the rape and murder of a postgraduate medic at the RG Kar Medical College and Hospital in Kolkata.
A bench headed by Chief Justice D Y Chandrachud and also comprising Justice J B Pardiwala and Manoj Misra 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 CJI said.
"If there is difficulty after that then come to us, but let them first report to work," he said. The apex court said its "heart goes out" to all patients visiting public hospitals.
The bench said it recognizes the demanding nature of doctors' work, and at times they have to work for more than 24 hours. The court said it cannot direct the hospital administration to mark the doctors present if they are not on duty, however, added that the administration would take a lenient view if they return to work.
'Crime Scene Altered, Investigation A Challenge'
The top court also examined the CBI's status report on the rape and murder of the trainee doctor in Kolkata. Solicitor General Tushar Mehta, representing the CBI, said the crime scene was "altered" and the investigation was a challenge since the CBI was handed over the probe after 5 days.
Senior advocate Kapil Sibal, representing the West Bengal government, opposed Mehta's submission, saying that it is accusatory, as everything had been videographed. Mehta said the FIR was registered after the victim's cremation and at first, the parents were informed that she had committed suicide.
"Fortunately, the young doctors, the colleagues of the victim, insisted that they wanted videography and this suggested that they were suspecting some cover-up," Mehta said. Another counsel informed the apex court that the victim's post-mortem was done in the same hospital.
Mehta said the CBI's difficulty was that it took up the probe on the fifth day after the incident. "Before that whatever was collected by the local police it was handed over to the CBI...our investigation in itself is a challenge," he told the apex court.
'Why Was DD Entry Recorded Next Day?'
The apex court queried the West Bengal government counsel that it was surprised that the post-mortem preceded the registration of unnatural death. The CJI tells Sibal, representing the West Bengal government: "One aspect is extremely disturbing...The GD (General Diary) entry of death is recorded at 10:10 AM, the next day....The securing of the crime scene, the seizures etc was done at 11:30 at night? What was happening?" Sibal said he would provide the timeline of the incident.
On Tuesday, the top court had constituted a 10-member National Task Force (NTF) to formulate a protocol for ensuring the safety and security of doctors and other healthcare professionals. 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.
