RG Kar Case|WB Resident Doctors Tell Supreme Court They Are Performing All Essential Services Including IP/OP Duties
Anmol Kaur Bawa
30 Sept 2024 6:30 PM IST
The Supreme Court on Monday (September 30), while hearing the suo motu case over the RG Kar rape-murder crime, recorded a statement made on behalf of the resident doctors in the State of West Bengal that they are now performing all essential and emergency services, including in-patient and out-patient duties.
The doctors had abstained from duties as a mark of their protest against the rape and murder of a trainee doctor at the RG Kar hospital on August 9. Later, the Supreme Court directed them to return to their duties with the assurance that no coercive action would be taken against them for abstention. On September 17, the doctors' association informed the Supreme Court that they would resume duties subject to the implementation of the measures announced in the meeting with the Chief Minister.
Today, Senior Advocate Rakesh Dwivedi, for the State of West Bengal, told a bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra that the doctors have come back to work but only for emergency and essential services.
Senior Advocate Indira Jaising, for the association of resident doctors, denied this statement and said that the doctors are performing all duties, including IPD and OPD services. She said that essential services include IP and OP Duties.
The bench recorded the statement of Jaising that all doctors are performing and shall perform essential services including IPD and OPD.
During the hearing today, the Court perused the latest status report filed by the CBI. The Court noted that the CBI is conducting its investigation on two facets- (1) the alleged rape and murder, 2) the allegations regarding financial irregularities in the hospital.
The association for doctors, represented by Jaising and Senior Advocate Karuna Nundy, told the Court that several persons against whom there are allegations of misdemeanours and the cover-up of the rape-murder are occupying positions in the hospital and demanded that they should be either suspended or asked to proceed on leave. The State's counsel, Dwivedi, said that if the CBI shares preliminary information against such persons, then the State would be ready to take appropriate action against them.
The Court also said any information regarding any nexus between RG Kar Hospital and other institutions, whether in the State or outside the State, in the context of financial irregularities may be shared with the CBI.
The State also informed the Court about the steps being taken by it to increase the security measures in hospitals such as the installation of CCTV cameras.
"The status report submitted by West Bengal indicates the ongoing work..though the state has indicated that remaining work will be completed by 31st October, the state has assured that it will make all endeavours to complete the work by 15th October 2024," the Court noted.
Advocate Vrinda Grover, informed the bench that the images and name and the pictures of the victim are still being circulated in the social media which is causing distress to her parents.
The Court ordered that its earlier direction to Wikipedia to take down the name and image of the victim will apply to all social media intermediaries. The Court asked the Ministry of Electronics and Information Technology (MeITy) to notify a nodal officer to deal with the uploading of unauthorised information.
The bench comprising Chief Justice of India DY Chandrachud, Justices JB Pardiwala and Manoj Misra was hearing the suo motu case of the brutal rape and murder of a doctor in RG Kar Hospital in Kolkata that occurred on August 9.
On the last hearing, the Court expressed disapproval of a notification issued by the West Bengal Government which stated that night duty should be avoided for female doctors. The notification was issued for the "safety of women doctors" in the wake of the present case.
The body of the post-graduate trainee doctor was found in the R.G. Kar Hospital's seminar room on August 9. The Kolkata Police arrested a civic volunteer the next day in this connection.
On August 13, the Calcutta High Court directed the Central Bureau of Investigation (CBI) to take over the investigation, after expressing lack of satisfaction with the Kolkata Police. The High Court passed the order acting on petitions filed by one of the parents of the victim and certain other individuals.
The Top Court on August 20, while concerning itself of the 'systemic issues' relating to the safety of medical professionals especially women doctors, constituted a "National Task Force" headed by Surgeon Vice Admiral Arti Sarin AVSM, VSM. Director General Medical Services (Navy) to give recommendations on the modalities to be followed all over the country to ensure the safety of medical professionals.
On same day, in a related writ petition filed by two lawyers, the bench directed the immediate removal of all social media content including any references to the name or pictures and videos taken of the trainee doctor which were circulating online after the incident.
The Court directed the secretary of the Union Health Ministry to engage with the Chief Secretaries of the State and Director General of Police to ensure the safety of the doctors willing to return to work. The meeting be held within a week and states shall take remedial measures within two weeks.
Case Title : In Re : Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital, Kolkata and related issues | SMW(Crl) 2/2024
