A bench comprising Chief Justice of India (CJI) D.Y. Chandrachud, Justice J B Pardiwala and Justice Manoj Misra during the second day of hearing on a suo moto case related to the alleged sexual assault and murder of a postgraduate trainee doctor in Kolkata, at the Supreme Court
Credit: PTI Photo
New Delhi: The Supreme Court on Monday directed the junior doctors of R G Kar Medical College and Hospital, Kolkata, protesting against the rape and murder of a 31-year-old PG medico to join work by Tuesday at 5 pm, or the state government would take disciplinary action against them.
Hearing a suo motu case related to the August 9 incident and allied issues, a bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra noted that the CBI got certain leads with regard to the incident but the court will not be guiding the agency.
The court also flagged a 14-hour delay in lodging the FIR.
The court asked the agency to file a new status report by September 16 on progress made by the agency and fixed the matter for further hearing on September 17.
After going through the status report, the bench said, "One thing is very clear. There is at least a 14-hour delay in the registration of FIR on the rape-murder incident by Kolkata police. Two things are known - the time when the victim went to the seminar hall to rest and the movement around that room after that."
Solicitor General Tushar Mehta, on behalf of the CBI told the court that the agency has decided to send the samples to AIIMS and labs outside West Bengal. He claimed when the girl was found at 9.30 am, she was in a semi-nude condition. There were injury marks on the body.
The court asked the West Bengal government to produce the challan sent along with the dead body for post mortem as a counsel claimed that the document which contained details of recovered items was not available.
In its order, the court also directed the state government to provide accomodation to the women personnel of CISF deployed at the hospital by its order of August 22.
However, senior advocate Kapil Sibal, appearing for the West Bengal government, raised the issue of the ongoing strike by junior doctors, which reportedly resulted into the deaths of 23 patients.
"We direct that the junior doctors have to resume work by 5 pm tomorrow, and no action should be taken against them till that time. We direct that if the doctors do not resume work, then we cannot stop the state government from taking disciplinary action against them. If they resume work, then no action against them as we are seized of the matter," the bench said.
The court also said that the State of West Bengal must take steps to instil a degree of confidence in the minds of the doctors regarding matters that concern their safety and security.
The police shall ensure that necessary conditions are created for ensuring the safety of all doctors, including provisions for separate duty rooms; toilet facilities, installation of CCTV cameras, the court ordered.
The court directed the district collectors and Superintendent of police to ensure necessary conditions are created for ensuring safety and security of doctors of government medical colleges and hospitals which include creation of restrooms for male and female doctors, installation of CCTVs.
The affidavit by state police says funds have been sanctioned by the State of West Bengal for additional CCTVs. This shall be continuously monitored, the bench said.
With regards to the doctors who are abstaining from duties for 28 days, the bench told them to return to their work, as they are in the system to render service.
"No adverse action will be taken against the doctors who join work. No punitive action, including transfers, will be taken against the doctors, after they join their respective work," the bench clarified.
"Due security must be provided to the doctors, but they must return to their work and attend patients. You first return to work. They must now come to work," the bench added.
During the hearing, the court also directed for immediate removal of photographs of the victim from all social media platforms and electronic media forthwith to protect the dignity and privacy of the deceased.
Last month, the Supreme Court had taken suo motu cognisance of the brutal and horrific incident of the rape and murder of the 31-year-old trainee PG doctor. It had also questioned the state government's move to shift Ghosh from R G Kar College and Hospital and appoint him in another college after the incident sparked country wide outrage.
It had also slammed the delay in the registration of the FIR and inconsistencies in the timings regarding the entries for unnatural death of the victim.
The CBI in its status report, filed before the Supreme Court, said that the crime scene, at the R G Kar Medical and College Hospital, was altered.
The court had also noted that the state police told the parents that it was a suicide, but later on, said, it was a murder. The bench had then also questioned how the police were unaware of 7,000 strong mob attacking the hospital premises subsequently on August 14.