The Supreme Court on Thursday urged protesting doctors to return to their duties, assuring them that no victimisation or adverse action would follow their return, reported Bar and Bench.
The bench, comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, made the appeal during the ongoing hearing of a case related to the rape and murder of a trainee doctor at RG Kar Medical College and Hospital in Kolkata.
During the hearing, the court was informed by the counsel for resident doctors at AIIMS Nagpur that they had been subjected to victimisation for their protests concerning the Kolkata case. The bench also noted lapses in the procedures followed by Kolkata police under the Criminal Procedure Code (CrPC) during their investigation.
Here are the top quotes from the Supreme Court during the hearing:
1. “Let them all return to work. We will issue a general order. Please rest assured that once the doctors resume duties, we will ensure that the authorities do not take adverse actions. How will the public administrative structure function if they do not resume work?”
2. “The Committee (National Task Force) will ensure that all representatives are heard. We will reiterate this in our order. Our hearts go out to those relying on public hospitals. We will make it clear that resident doctors will be heard, as your stakes and inputs are very significant.”
3. “If we start including representatives of various stakeholders in the committee, the committee’s work may become disjointed. We are aware that the committee includes senior women doctors who have dedicated their lives to public health infrastructure. The committee will ensure that everyone is heard — interns, residents, senior residents, nurses, paramedical staff — everyone.”
4. “Please reassure the doctors that we are aware they work for 36 hours straight. I have personally experienced sleeping on the floor of a public hospital when a family member was unwell.”
5. “After nearly 48 hours of duty, one is neither physically nor mentally capable of resisting if someone is harassing them. I am not even addressing more serious crimes.”
6. “Sibal, one aspect is extremely disturbing — the general diary entry of death was recorded at 10:10 am, yet the securing of the crime scene and the seizures were done at 11:30 pm. What was happening in the meantime?
7. “The entire procedure followed by your state is something I have never encountered in my 30 years of experience. Firstly, is it true that the unnatural death was recorded at 10:30 am? Secondly, who is this non-medical assistant superintendent? Her conduct is also very questionable. Why did she act in this manner?”
8. “I have not come across a case like this in my last 30 years, Bengal not following criminal procedure code.”
Kolkata rape-murder: Kapil Sibal vs Tushar Mehta
Solicitor General Tushar Mehta, representing the Central Bureau of Investigation (CBI), said, “The situation changed significantly on the fifth day after the CBI took over the investigation. He claimed that all evidence appeared to have been altered.”
In response, senior advocate Kapil Sibal, defending the West Bengal government’s investigation, countered the claim by stating, “Everything is videographed and not altered.”
Later, Sibal told SC, “If any protest is done, then they must tell us their route… They carry a flag and once the flag is removed, there is a stick. There is a Standard Operating Procedure which has to be followed… Now, it’s a collateral event.. it’s unrelated to what happened.”
First Published: Aug 22 2024 | 5:07 PM IST