Fundamental duty of police to guard citizens even at the cost of their own lives: Kerala High Court on murder of lady doctor

The Kerala High Court on Thursday observed that it is the fundamental duty of all police officers to guard citizens, even at the cost of their own lives. [Kerala Private Hospitals Association v. Adv. Sabu P Joseph & Ors]..The division bench consisting of Justices Devan Ramachandran and Kauser Edappagath made this observation while considering the recent murder of a 23-year-old house surgeon, Dr. Vandana Das, who was fatally stabbed by a man who was brought in by the police for medical examination.At the hearing today, the State Police Chief (SPC) submitted that Dr. Das was alone in the observation room with the assailant, a school teacher named S Sandeep."As far as the incident in question is concerned, there can be little doubt that the killing of a young doctor by a person who was in custody of the police — be that as an accused or in any other capacity — points at a systemic failure. The Police Officers above were also ad idem that it is the fundamental duty of any officer to guard a citizen, even at the cost of their own lives..This is a gruesome incident, which, as we have already said in our earlier order, should have never happened," the Court said..The Court reminded the SPC that it is their fundamental duty to ensure that hospitals and its staff are protected at all times. "We remind the SPC, as we have already indited above, that it is the fundamental obligation of the police force, headed by him, to ensure that hospitals and the personnel who man them are adequately and sufficiently protected on a day-to-day basis, for the 24 - hour time frame," the order stated..The unfortunate events that led to the murder of Dr. Das occurred sometime around late Tuesday night and early Wednesday morning. After being informed of the incident, the Bench convened an urgent hearing by Wednesday afternoon.At that hearing, the court came down heavily on the State government and police authorities for their failure to prevent the attack and murder and enquired about the safety protocols to be followed by the police while presenting someone for medical examination..Today, the court ordered that as an interim measure, every protocol applicable for the production of the accused or persons in the custody of the police before Magistrates shall apply for the production of such persons in hospitals, doctors, and other health care professionals..Regarding safety in government hospitals, the Court recorded the submission of the SPC that he will place on record necessary requirements and protocols in this regard, including considering whether members of the State Industrial Security Force (SISF) can be deployed for such purposes. The court said, "Of course, we have to give the SPC some time to consider all these aspects and inform us; but, in the meanwhile, we are constrained to ensure that effective security is provided in all hospitals in the manner as is legally possible, so as to avoid any further incidents or attacks.".The matter will be heard next on May 23..[Read Order]