RG Kar case: Supreme Court says protesting doctors must return to work by 5 pm tomorrow or...

The Supreme Court on Monday issued an ultimatum that doctors in West Bengal, who have been protesting in the wake of rape and murder of a resident doctor in Kolkata's RG Kar Medical College and Hospital, must resume their duties by 5 pm tomorrow failing which the State government will be authorised to initiate disciplinary action against them [In Re: Alleged Rape and Murder Incident of a Trainee Doctor in RG Kar Medical College and Hospital, Kolkata and Related Issues].A Bench of Chief Justice of India (CJI) DY Chandrachud with Justices JB Pardiwala and Manoj Misra also assured that no disciplinary action will lie if the doctors report for duty on or before 5 pm on Tuesday, September 10."If the doctors report for duty on or before 5 pm tomorrow then no adverse disciplinary action shall be taken against them. All complaints on safety and security shall be promptly attended to. However, if there is continuous abstaining from work then disciplinary action can be taken against them and they cannot be oblivious to the general concerns of the community whom they are intended to serve," the Court made it clear.The Court in the same breath also said the State government should take steps to take the doctors into confidence and allay their fears as regards safety and security."State of West Bengal must take steps to create confidence in the minds of doctors that their concerns with regard to safety and security are being attended to. District collectors and Supdt of police shall take look into the situation and ensure necessary conditions are created for ensuring safety and security of doctors of govt 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 State of West Bengal for additional CCTV. This shall be continuously monitored by district collectors along with Superintendent of Police," the Court directed.The Court passed the order after the State told the Court that healthcare system is in crisis in West Bengal due to the continuing protests by doctors.Senior Advocate Kapil Sibal, appearing for the State, told the Court that the protests have been widespread across the State and the protestors have been violent and the protests are being resorted to without taking any prior permission from State authorities.He also said that around 23 people have died and 6 lakh could not get treatment due to the protests."23 people have died because they do not work, health care system can collapse, 6 lakh individuals denied treatments, resident docs not attending OPDs. No angiography for over 1.500 patients. Doctors were asked to go back to work. Now it must be noted that proceedings would be initiated against them if they do not report to work. We set up 'May I help you booths' and those booths have been ransacked. Now protests are all over the state. No route or permissions sought from police," he contended.The Court then made it clear that protests by doctors cannot be at the cost of their duty."We have given two days. The young doctors must now return and resume work. We know what is happening on the ground. First return to work. District collector and Superintendent of Police will ensure safety and you have to now return to work and if you do not come to work, do not hold anyone responsible for disciplinary action against you. You cannot say seniors are working, so we will not," the CJI remarked.The Bench was hearing a suo motu case initiated by it regarding the rape and murder of a 31-year-old resident doctor, who was found dead at the State-run RG Kar Medical College and Hospital in Kolkata on August 9.The Court today also considered the grievances raised with regard to the accommodation of three companies of the Central Industrial Security Force (CISF) which are in charge of the security of RG Kar Medical College and HospitalThe Bench directed the State of West Bengal to ensure that the three companies are provided adequate accommodation in vicinity of the hospitalIt also directed that the premises for such accommodation should be handed over to CISF by today evening."A total of 3 companies have been deployed. Mr. Kapil Sibal appearing for West Bengal has in its submission indicated that provision for housing the personnel has been made at the following areas. In the statement placed on record by union and indicated that accommodation for one company is at three location - RMA quarters, RG Kar premises, KMCP schools and Indira Maitri Sadan. Premises are to be handed over by evening today. To avert logistical issues, a senior officer of West Bengal home department along with senior CISF officer shall jointly ensure that all three companies are duly provided for accommodation in the vicinity. In the event further need arise, the two officers shall ensure that all requisition needed by CISF is handed over by today and all security gadgets has to be given by 9 pm today," the Court directed in its order.The Court today also ordered that the copy of the challan filled up at the time of autopsy of the body should be produced by the State government on the next date of hearing. "The Court has been apprised of challan when the body is examined. CBI states that that the above challan duly filled in is not a part of the case file handed over to the CBI. Faced with the above, the advocate appearing for one of the petitioners before High Court, the form was produced before the High Court. Form is not with Senior Advocate Kapil Sibal or with advocate Astha Sharma. copy of the form duly filled in will be submitted on the next date of hearing," the order said..Background.The doctor was found dead at a seminar hall of the college on August 9. An autopsy confirmed that she was raped and murdered.The incident has sparked nationwide outrage and protests with doctors in various parts of the country going on strike demanding stricter laws and policing to ensure the safety of medical professionals.The matter is currently being probe by the Central Bureau of Investigation (CBI) after the Calcutta High Court transferred the probe to the central agency.Subsequently, the top court initiated the suo motu case.During the previous hearing of the matter, the top court had issued several directives including the establishment of a National Task Force to examine the issues concerning safety and dignity of doctors and medical professionals and to address gender based violence and other issues concerning well being and safety faced by doctors and other medical professionals at workplace.The Court had also directed the CBI to submit a status report on the progress of investigation into the case.It had also ordered the State of West Bengal to file a status report on the progress of probe into the acts of vandalism which took place at the hospital and its premises in aftermath of the crime.The Court had further instructed that CISF security be provided at RG Kar Medical College and Hospital.The top court had also rejected a plea filed by the former principal of RG Kar Medical College and Hospital, Dr. Sandip Ghosh, against the against Calcutta High Court observations linking him to the case. .Hearing todayDuring the hearing today, Senior Advocate Kapil Sibal, appearing for the State of West Bengal, informed the Court that a status report has been filed by the State pursuant to the top court's previous order.He said that as per the State Health Department, 23 people died in the State because of doctors abstaining from work in protest against the RG Kar incident.The Court then asked the State about details of the unnatural death (UD) certificate that was registered by the State after the crime."When was the time when the UD number 861 came into existence," the Bench queried."The death certificate was given at 1:47 pm and UD entry was at 2:55 pm at the police station," Sibal said."GD 565 was recorded at?" the Bench further asked."2:55 pm," Sibal replied.."When was the inquest," the CJI queried. "4:20 to 4:40 pm under the judicial magistrate, videographed and saved on card," said Sibal."When was the search and seizure carried out," the Bench asked."8:30 pm to 10:45 pm. It was after the body was removed for post mortem," Sibal replied."By whom? that is of relevance," said Solicitor General Tushar Mehta who was appearing for CBI. "See there is a CCTV footage to indicate what time he enters seminar room and what time he is exiting it. So there is footage after 4:30 am and during full day. Has that footage been given to CBI," the Court further queried.The SG said that the CBI has received it."Yes we have taken and we had to reconstruct the scene," the SG said."Has the Kolkata police handed over the entire footage of what happened from 8:30 am to 10:45 pm," the Bench further queried. "Yes," said Sibal."CBI says only 27 minutes of video shared," the Bench remarked."Seizure from 8:30 to 10:45 given, in parts video has been given. There is some technical glitch, hard disk was full but given entirely," Sibal clarified..The Solicitor General underscored that who took scientific samples from the dead body for testing is relevant."We have forensic examination report and one thing is admitted that when the girl was found at 9:30, her jeans and undergarments were removed and lying nearby. So semi nude and injury marks also on body. They have taken samples. They have sent for Central FSL West Bengal. Please see this is serious and CBI has taken a decision to send the sample to AIIMS etc.. person enters.. girl is nude... and this is the result of FSL.. so who took the sample is relevant," he contended.There was also a lengthy discussion on the various technicalities surrounding the procedure adopted for autopsy and the autopsy report itself. "The PMR team will not accept the body without the challan. that is why we want to see it," the Bench said. "Please give us time. We will submit it to the court. What I am told is that CJM filled it up himself and sent it," Sibal said. "Was the post mortem carried out without the request form at all," the Bench asked. "Cannot be ... it is a statutory requirement," the SG replied. "This third column in post mortem report has the constable who is carrying the form. There is no mention of the challan.. if this document is missing then something is amiss," Justice Pardiwala remarked."We do not have it at this moment," Sibal said. "We will keep this on next Wednesday then," the Bench said.