Register FIR Within An Hour Of Receiving Information About Any Attack On Doctors: Kerala High Court To Police

The Kerala High Court on Thursday directed the Police to register the FIR and take cognizance of the offence of attack against the doctors and other healthcare professionals within an hour of receiving the information.

The court issued the direction after taking into consideration the increasing instances of attacks against doctors and healthcare Professionals. 

The Division bench of Justice Devan Ramachandran and Justice Kauser Edappagath while Suo Motu impleading the State Police Chief in a case, in the order said:

"...as a first step, in addition to the earlier directions, we are of the firm view that every incident of attack on a Doctor or a Healthcare Professional, including any other staff of the Hospital - be that Security or other - will have to be taken cognizance of by the Station House Officer of the concerned Police Station not later than one hour from the time on which it is reported to him.

When the matter was taken up today, Senior Advocate Gopakumaran Nair and Advocate K. Anand informed the Court that since June 2021, the number of attacks recorded was in excess of 138 or so.

"This is certainly distressing, because, statistically, this means that there are at least 10 or 12 attacks every month," said the court.

Expressing concern over the fact that despite orders being issued by it, the situation has not improved, the court said: 

"The discussions at the Bar today clearly show that, unless a sense of fear of law is instilled into the citizens, nothing can really change. Experience has shown us that citizens are not fearful of law, but of apprehension in case of misconduct or infraction."

The court added that prima facie it is perhaps because citizens get an impression that the processes of law are slow and that they would not be taken to task, that such recurrent occurrences happen.

"The fact that the Government Hospital System is overwhelmed and that the number of patients are escalating by the day, are common knowledge. Unless the Doctors and Healthcare Professionals are able to act in peace and calm, it would become impossible for the system itself to sustain."

The court said it requires all stakeholders including the government to inform it about the steps taken and what ought to be done to ensure the safety of the doctors and the healthcare professionals. 

Senior Government Pleader S. Kannan submitted before the Court that all the directions issued by the Court in the previous orders including the establishment of Police Outposts in hospitals are being adhered to by the government. 

However, the court said in addition to the earlier directions, it is of the firm view that every incident of attack on a Doctor or a Healthcare Professional, including any other staff of the Hospital - be that Security or other - will have to be taken cognizance of not later than one hour from the time on which it is reported.

"This can be under the Special Law applicable, or under the Indian Penal Code; but an FIR will be need to be registered within the afore time frame, which alone will ensure that the perpetrator/s understands that action is swift and quick," it added. 

Thereby, the Court suo motu impleaded the State Police Chief as a respondent so as to ensure that the directions issued by the Court are effectively implemented through necessary circulars or such other instructions.

"In the afore perspective, we hereby order that every Station House Officer concerned, to whom, or to whose Station, a complaint of atrocity or attack or harm on any Healthcare Professional – be that Doctors, Nurses, staffs, security or such other, or against the property of a Hospital- shall be recorded as a first information and a case registered within a period of one hour from the time on which such information is obtained or gathered."

The court added that after registration of FIR swift action be initiated, "including to apprehend the Offenders, as and when it requires so, leading to prosecution and such other, as the law warrants."

It further requested the government to ensure that the citizens are told the gravity of the offence of an attack on a Hospital or a Healthcare Personnel, and the manner in which this Court proposes to deal with it in future.

The matter has been adjourned to 16th December for further consideration. 

Case Title: Kerala Private Hospitals Association v. Advocate Sabu P. Joseph 

Citation: 2022 LiveLaw (Ker) 626

Click Here To Read/Download The Order