Apex Court asks CBI to file a status report on the investigation by Thursday (August 22 and the State of West Bengal to submit a status report on the investigation into the acts of vandalism at the hospital by a mob
Orders constitution of a “National Task Force” comprising doctors from all over the country to give recommendations on the modalities to be followed all over the country to ensure the safety of medical professionals
Taking the Mamata Banerjee-led West Bengal Government and the state police to task for its handling of the brutal rape and murder of a doctor at RG Kar Govt Medical College & Hospital in Kolkata, which has shaken the conscience of the nation and led to nationwide protests by doctors and civil society, the Supreme Court has, as an immediate measure, ordered placing the RG Kar Hospital and doctors’ hostels in Kolkata under CISF (Central Industrial Security Force) security cover.
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It has been asked the CBI (Central Bureau of Investigation), which is currently investigating the matter, to file a status report on the investigation by Thursday (August 22. The State of West Bengal has also been asked to submit a status report on the investigation into the acts of vandalism by a mob which invaded the hospital on August 14 and damaged critical facilities while a “reclaim the night” protest campaign was ongoing elsewhere in the city.
The court ordered the constitution of a ten-member National Task Force (NTF) comprising doctors from all over the country and headed by Surgeon Vice Admiral Arti Sarin AVSM, VSM. Director General Medical Services (Navy). It will make recommendations pertaining to the safety, working conditions and well-being of the medical professionals. The NTF has been asked to furnish an interim report to the court in three weeks and a final report within 2 months.
Appeal to doctors to return to work
With these orders, the court appealed to the doctors, who are protesting all over the country against the crime, to return to their duties, observing that since it has taken up the issues relating to the doctors’ safety, the protesting medical professionals ought to refrain from abstention from duties.
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“We request all the doctors who are abstaining from work across the country to resume the work at the earliest. Above all the abstention from the work of doctors affects those segments of the society who need medical care the most from accessing day-to-day services. The abstaining doctors and medical professionals can stand assured that their concerns are receiving the highest concern from the Supreme Court of India,” the Court observed in its order.
A bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra was hearing the suo motu cognizance taken by the court of the gruesome rape and murder of the doctor.
The Court observed that it is deeply concerned about the absence of conditions of safety for doctors and medical professionals across the country. It has initiated the suo motu case to address the “systemic issues.”
Senior advocate Kapil Sibal represented the state government and Solicitor General of India Tushar Mehta stood for the central government.
The body of the post-graduate trainee doctor was found in the RG Kar Hospital’s seminar room on August 9. The Kolkata Police has arrested a civic volunteer in the case so far.
Acting on petitions filed by a parent of the victims and some other individuals, the Calcutta High Court had directed the CBI to take over the investigation, after expressing lack of satisfaction with the Kolkata Police.
State Govt, police roasted
The Court questioned the State over the conduct of the Principal of the medical college and hospital, the delay in the registration of the FIR and the vandalism which took place at the hospital on August 14.
The various observations by the SC bench:
- After the crime is detected in the early hours of the morning, the Principal of the medical college-hospital tries to pass this off as a suicide. The parents are not allowed to see the body for a few hours.
- Why the Principal was given the charge of another hospital after he resigned from RG Kar Hospital.
- About the timing of the FIR: Autopsy is conducted between 1 PM and 4.45 PM of the day. The body is handed over to the parents at about 8.30 PM for cremation. However, the FIR is registered only at 11.45 PM.
- FIR is registered at 11.45 at night? Nobody at the hospital registers the FIR? What were the authorities at the hospital doing? Doesn’t autopsy reveal the victim was raped and murdered?
- What was the principal doing? Why first it was attempted to pass off as suicide?
- Hospital is invaded by the mob! Critical facilities are damaged. What was the police doing? The first thing the police have to do is to secure the crime scene.
- We are unable to comprehend how the authorities were not able to deal with the vandalism.
The Court also urged the State not to take coercive actions against people who are participating in peaceful protests and speaking up in media and social media.
Mob returned to threaten women doctors by name
During the hearing, Senior Advocate Aparajita Singh, appearing for an organization of doctors “Protect the Warriors”, told the bench that after the vandalism incident on August 14, the mob returned to the medical college hospital and threatened the women doctors that they will also meet the same fate as the rape-victim if they complained about the incident. While informing the court that a “brave doctor” has emailed a complaint regarding this to the police, she presented a copy of the complaint to the court.
The bench took serious note of this complaint.
