Protest cannot be at cost of duty: SC to West Bengal medics protesting over Kolkata rape and killing

New Delhi: "Protest cannot be at the cost of duty," the Supreme Court observed on Monday as it directed the West Bengal doctors protesting over the rape and killing of a postgraduate medic at the state-run RG Kar Medical College and Hospital in Kolkata to return to work immediately.

A bench headed by Chief Justice D Y Chandrachud directed the protesting doctors to get back to work by 5 pm on Tuesday and assured them that there will be no adverse action if they resume duty.

"The state of West Bengal must take steps to create confidence in the minds of the doctors that their concerns regarding their safety and security are being duly attended to. In order to ensure this, all the district collectors and SPs (superintendents of police) shall take stock of the situation in all government medical colleges and public hospitals and provide adequate safety.

"We also direct that in the event the doctors return to duty on or before 5 pm (on Tuesday), no adverse disciplinary action should be taken against them. If there is continued abstention of work, there may be a likelihood of adverse action," the bench, also comprising Justices J B Pardiwala and Manoj Misra, said.

The court said the protesting doctors cannot be oblivious to the needs of the general community.

"Any protest cannot be at the cost of duty. The young doctors must now return and attend to the patients. We know what is happening on the ground. First, return to work. The district collectors and superintendents of police will ensure (your) safety. You have to now return to work," the bench said.

Appearing in the court on behalf of the West Bengal government, senior advocate Kapil Sibal submitted that 23 people have died in the state as doctors are on strike protesting against the rape and killing that has triggered nationwide protests.

"A status report has been filed. The state health department has filed a report. Twenty-three people have died as doctors are on strike," Sibal told the bench.

The senior lawyer said the public is suffering and healthcare has been in total disarray in the state due to the protests.

He said no permission or route map is being sought by the protesting doctors.

Terming the rape and killing "horrific", the court had excoriated the West Bengal government over the delay in filing an FIR in connection with the incident and allowing thousands of people to vandalise the state-run hospital.

The alleged rape and killing of the junior doctor in a seminar hall of the 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 of the Kolkata Police was arrested in connection with the incident 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.