No Coercive Action Be Taken Against Protesting Doctors: Apex Court Urges Doctors To Return To Work

The Supreme Court today urged the doctors to return back to work following the rape and murder of a postgraduate trainee doctor at R.G. Kar Medical College & Hospital, Kolkata, on August 9, 2024.

The Bench of Chief Justice of India DY Chandrachud, Justices JB Pardiwala, and Manoj Misra said, "In view of the fact that this court has taken steps for institutionalization of safety of medical professionals, it is expected that doctors return to duties, pending the report of the NTF, all states shall ensure that State shall be alert of any apprehensions of violation of breach of safety."

The Court further said that no adverse action will be taken by the State against the doctors protesting peacefully. "An apprehension is expressed on behalf of doctors stating that they are likely to be caught, some are already proceeded against for the protest. We are expecting compliance given to the Court that doctors will join the duties, if any actions are taken against doctors protesting, we direct that no coercive steps be taken against them...get back to work now, if any action is taken against in the past for the protest, we have said no coercive steps," the CJI remarked.

The CJI further said, "When we say peaceful protestors will not be disturbed, we also mean that proper protocol will be followed."

When the matter was taken again in the post-lunch session, Senior Advocate Kapil Sibal for the State of West Bengal, submitted that as per Regulation 68 of the Calcutta Police Regulations, we have followed the guidelines.

"Following procedure and all is ok, but that doesn't justify the registration of the FIR at 11:30 pm, body was recovered at 9:30," the CJI said.

Further, the CJI asked Sibal, "What is the reason (a) for FIR to be lodged 14 hours of delay; (b) the principal of the college should have supposed to come straight to the college and filed the FIR, whom is he protecting ? (c) he had resigned and assigned another college?"

Sibal requested the Court to protect the State from future protests.

To this submission, the CJI asked, "How could the State be protected?"

Sibal submitted that Standard Operating Procedures (SOPs) have to be followed by the protestors.

On perusal of the Kolkata police status report, the Bench noted, "Kolkata police is looking at the incident of vandalism after the protest at the site. It appears that the request for conducting a polygraph test is submitted." Further, the Court ordered the Additional Chief Judicial Magistrate (ACJM) Sealdah to submit the report by 5 pm tomorrow.

The Bench directed the Senior Counsel's suggestions on (a) distress call systems; (b) Institutional FIRs; (c) Compensation distress funds; the above may be considered by the National Task Force (NTF). "Undoubtedly, the suggestions of the representatives be taken by the NTF; we direct a portal to be open at the website of the Ministry for the suggestions to be taken by the NTF," the Court said.

"This court has not injuncted the State (West Bengal) from exercising such lawful powers as entrusted in law, however, we categorically affirm that peaceful protests shall not be disturbed or disrupted and the State shall not take any action against the people who are peacefully protesting against the incident that took place in RG Kar Medical College," the Court clarified.

Solicitor General (SG) Tushar Mehta for CBI informed the Bench that a sitting Minister of West Bengal has said in the media that if anybody talks about the incident, their fingers will be chopped. On the contrary, Sibal contended that the opposition leaders have made a statement in the media that bullets will be fired.

"Don't politicize the matter. The law is taking its course," the CJI said. The CJI further said, "We are also concerned about the welfare and safety of doctors, we will not such lay down guidelines we will enforce the protocols."

Counsel for the National Federation of Doctors of AIIMS submitted that a letter was sent by the resident doctors, which stated that they are ready to join back work but they are requesting for interim protection, they are petrified, they want security and CCTVs at the entrances etc.

To this submission, the Court said, "Doctors are willing to go back to work, however, it is submitted that state govt may take some safety measures for the doctors. We direct that the secretary of the Union Ministry of Health engage with the Chief Secretaries of the State and Director General of Police to ensure their safety. The exercise be completed in one week, the States shall take appropriate actions within period of 2 weeks."

Accordingly, the Court scheduled the matter for further consideration on September 5.

During the pre-lunch session today, the Court expressed concern about the manner in which the West Bengal police have handled the case so far. "The entire procedure that has been followed by the State Police is something that I have not come across in my 30 years of career," Justice Pardiwala remarked.

On the last hearing, the Court had also expressed disappointment over the State of West Bengal's handling of the vandalism at the protest site. The Court had directed the formation of a "National Task Force" to recommend measures for ensuring the safety of medical professionals. Additionally, the Court ordered the deployment of the Central Industrial Security Force (CISF) to protect resident doctors, particularly female doctors, at RG Kar Hospital. The Court had also expressed concerns about the lack of institutional safety norms at medical establishments against both violence and sexual violence.