New Delhi: The Ministry of Home Affairs has filed an application in the Supreme Court seeking a direction to West Bengal to extend full cooperation to the CISF at the R G Kar Hospital and ensure full compliance, in letter and spirit, of the orders passed by the apex court and, in the alternative, initiate contempt proceedings against the concerned officials/authorities of the state for wilful non-compliance of the orders.
The MHA, in its application, said that the CISF personnel deployed at R G Kar Medical College and Hospital are facing severe difficulties due to a lack of accommodation and lack of basic security infrastructure.
"The troops are presently staying at CISF Unit SMP, Kolkata despite the constraints being faced by the accommodating unit. The travelling time from SMP Kolkata to R G Kar Hospital is nearly 01-hour from one side and it is difficult to discharge duties effectively and to mobilise CISF troops to duly and promptly respond during contingencies," said the application.
The MHA said that it had taken up the matter with the Chief Secretary, West Bengal by a letter issued on September 2, requesting for adequate logistics arrangements and the security gadgets sought by CISF.
"It is submitted that thereafter, there has been no response from the state government to ensure adequate support to the CISF personnel, which are deployed to ensure the security of the residents/workers in the R.G. Kar Medical Hospital under the orders of this court," said the application.
The MHA said that this non-cooperation is not expected from a state government in a tense situation such as the present one and the safety of doctors and women doctors in particular, must be the top priority for the West Bengal government.
The application said that the inaction of the state of West Bengal, despite repeated requests, "is symptomatic of a systemic malaise wherein such non-cooperation with central agencies operating under court orders, is the norm".
The MHA said it amounts to wilful non-compliance of the orders of the apex court. "It is submitted that a State Government, duly elected by the people of the State, is supposed to be fair in its conduct, especially when it concerns the security of its residents. It may also be noted when a suggestion was put forward before this court to deploy CISF for adequate security at R.G. Kar Medical Hospital, the State Government through its counsel stated that there is no objection if such a course of action is adopted", said the application.
The MHA said that such wilful non-compliance of the orders of this court on the part of a state government is not only contemptuous but it also goes against all the constitutional and moral principles which the state should abide by.
"It is submitted that such a course of action has been adopted by the state government to willingly create hurdles and to jeopardise the larger solution-oriented approach adopted by this court by way of initiating the present proceedings. The State Government is willingly not making efforts towards finding a solution to the problem and rather, is causing injustice to the residents of its own State," said the MHA.
The application said that due to the unexpected, unjustifiable and unpardonable acts of the state government, the MHA is constrained to approach the apex court since it would be in interest of justice to all that the state government extends cooperation to CISF, so that its personnel are able to perform their duty without any inconvenience.
The MHA said the DIG/NEZ-II, CISF along with the Group Commandant, CISF Kolkata also held a meeting with R G Kar Hospital Administration and Kolkata Police to highlight the minimum necessary requirements of CISF and requested for prompt augmentation of the security features and infrastructure at the hospital premises.
The application said the Group Commandant issued a letter on September 2, 2024 requesting the principal, R G Kar Hospital to provide policy/standing do’s and don'ts for the students/trainees including PGs, nursing staff, hostels, employees, patients and visitors.
"That it is submitted the matter was taken up with the Chief Secretary, Government of West Bengal vide IG/NES-II, CISF letter dated 28.08.2024 regarding the lack of any accommodation including separate accommodation for female personnel, shortage of transport, logistics and inadequate security infrastructure/gadgets and action with respect to streamlining of pass system, character & antecedent verification of hospital staff, Standing Operating Procedures (SOP) for various duties were highlighted," said the MHA's application.
"It was further informed that due to non-availability of accommodation, security gadgets and paucity of transportation, duty personnel are facing a lot of difficulties in performing duties coming from various locations, especially the lady contingent," said the application.
The application added that the same is highly detrimental considering the present situation in the State of West Bengal and the CISF requested that the matter may be taken up by the Ministry of Home Affairs with the government of West Bengal.
The MHA filed this application in the suo moto case taken up by the apex court in the alleged rape and murder of a trainee doctor in R G Kar Medical College and Hospital, Kolkata.
On August 20, the apex court said that it is essential to create safe conditions for the interns, residents and senior residents to return to their duties so as to enable them to not only pursue their education but to administer medical care to their patients.
"The Court has been assured by Mr Tushar Mehta, Solicitor General, that the Central Industrial Security Force/Central Reserve Police Force shall be deputed in sufficient numbers at the R G Kar Medical College, including the hostels where the resident doctors are staying to ensure their safety. Mr Kapil Sibal, senior counsel appearing on behalf of the State of West Bengal, states that there is no objection to the above course of action being adopted so as to bring security within the precincts of the Hospital," said the apex court, in its order.
On August 22, the apex court was informed by Mehta that the Central Industrial Security Force has been deployed at RG Kar Medical College and Hospital to ensure the safety of doctors, nurses and all other medical professionals.
