RG Kar case hearing LIVE: SC asks doctors to return to work, sets deadline
The court said the protesting doctors cannot be oblivious to the needs of the general community.
Exactly a month has passed since the body of a woman postgraduate trainee doctor, raped and murdered, was recovered from the state-run RG Kar Medical College and Hospital in Kolkata.
While investigators still seem clueless about what led to the crime that has opened a can of worms, the Supreme Court on Monday (September 9) heard a suo-motu case as protests continue to rage across West Bengal, including capital city Kolkata.
What SC said
"Protest cannot be at the cost of duty," the Supreme Court said as it directed the West Bengal doctors protesting over the rape and killing of a postgraduate medic at the state-run RG Kar Medical College and Hospital in Kolkata to return to work immediately.
A bench headed by Chief Justice D Y Chandrachud directed the protesting doctors to return to work by 5 p.m. on Tuesday and assured them that no adverse action would be taken if they resumed duty.
"The state of West Bengal must take steps to create confidence in the minds of the doctors that their concerns regarding their safety and security are being duly attended to. In order to ensure this, all the district collectors and SPs (superintendents of police) shall take stock of the situation in all government medical colleges and public hospitals and provide adequate safety.
"We also direct that in the event the doctors return to duty on or before 5 pm (on Tuesday), no adverse disciplinary action should be taken against them. If there is continued abstention of work, there may be a likelihood of adverse action," the bench, also comprising Justices J B Pardiwala and Manoj Misra, said.
The court said the protesting doctors cannot be oblivious to the needs of the general community. "Any protest cannot be at the cost of duty. The young doctors must now return and attend to the patients. We know what is happening on the ground. First, return to work. The district collectors and superintendents of police will ensure (your) safety. You have to now return to work," the bench said.
Follow more live updates below:
Live Updates
- 9 Sept 2024 12:36 PM IST
CJI seeks info specific to RG Kar hospital
CJI: If 4,447 CCTV cameras were installed, why would this incident take place?CJI: Tell us what equipment has been installed at RG Kar. Not just the funds, what progression took place? - 9 Sept 2024 12:35 PM IST
Court seeks to know safety measures taken by state
CJI: We would expect the West Bengal state to file on record the safety measures on site even before the NTF files its report.Sibal refers to health department report. - 9 Sept 2024 12:33 PM IST
CISF has to tighten up vigil on emergency ward: CJI
Geeta Luthra: This [investigation] is completely botched up.Counsel: Even if you do a luminal test, you cannot say if the accused went to wash there, the entire tiles (of the washroom) were changed.Luthra: People were allowed to go into the hospital without checking ID cards.CJI: CISF has to ensure and tighten up measures who can access the emergency ward, please ask the CISF to ensure that all necessary safety and precautions are taken.Luthra: One request, on social media, the photographs of the victims are being circulated, this should not be happening.CJI: Where did you get those photos?Luthra: The fact is they are being circulated, one person gave names of 10-20 main miscreants in this hospital.CJI: Damage has been done by circulation these photographs. All photographs of the dead body are to be removed forthwith.Sibal: Including the seizure list.CJI: That happened when you were in charge of it. - 9 Sept 2024 12:18 PM IST
Court seeks clarification on crucial document
CJI: we have flagged a document, do you have it here?Sibal: I cannot find the document immediatelyCJI: Because when the body is dispatched after the PMR, only the doctors doing the inquest would look at it, where is that filled-out challan for the dead body, let the CBI give it to us.SG: Not in the file given to us.CJI: Ms Sharma, where is the challan when dead body was given for PMR?CJI: This form also has a column with remarks what clothes and other things seized were sent to the doctors who conducted the PMR.SG: File to CBI doesn't contain, but it appears from the arguement of my friend that it existsCounsel: Without the challan, the doctor cannot conduct the PMR.Sibal seeks time to place the challan on record.Sibal: I'm told CJM came and filled it himself, there was no separate form.CJI: Has the PMR been done without the filling of the form?J Pardiwala: Look at the PMR, the constable is supposed to carry this challan...There is no reference of the challan used, you need to explain, tomorrow if this document is missing, you will have to explain why this happened.Sibal: We will file an affidavit on this.
CJI: CBI will have to make a requisition for this.
- 9 Sept 2024 12:05 PM IST
Vaginal swabs not preserved at required temperature: Counsel
Centre's counsel submits that vaginal swabs were not preserved at 4 degrees Centigrade, which is a must. He alleges that it was done purposely and now the sample may be contaminated. - 9 Sept 2024 11:55 AM IST
Centre raises questions on procedures
A senior counsel submits that the post-mortem report (PMR) could not take place after 6 pm.SG: PMR doesn't say at what time it is conductedSibal: Everything is thereCounsel: Videograph conducted by whom? Was it reiteratable or non-reiterable? It has to be mentioned that all the three female doctors are part of the lobby....see the second line, it has to be at 4 degrees Centigrade.Counsel: That's the mystery, between 2.30 noon and 11.30 night, there were only 10 GD entries....Is it manufactured ? - 9 Sept 2024 11:50 AM IST
CJI seeks to know safety measures taken by state for doctors
CJI asks what steps have been taken by West Bengal to ensure adequate safety measures for doctors.Sibal says state has filed the status report. - 9 Sept 2024 11:49 AM IST
CJI on CBI accommodation
CJI directs a senior officer nominated by the state of West Bengal and a senior officer nominated by the CISF to liaise on the place of accommodation. - 9 Sept 2024 11:46 AM IST
Court hears CISF's complaints
SG: There are three companies of woman CISF personnel which have not been provided adequate accommodation. They take 1.5 hours to travel.CJI asks where are they residing.Sibal submits that most of the CISF troops are staying at the hospital and the rest are away.CJI refers to the submissions on the CISF: They have deployed 3 companies, other 2 are yet to be provided accommodation. - 9 Sept 2024 11:41 AM IST
Probe seems to be in progress: CJI
CJI: The status report has been filed by CBI. It appears that the investigation is in progress. We direct the CBI to file a fresh status report on Tuesday...We will take it up on Tuesday. Let's see what happens now...CBI is doing it, we don't want to guide CBI on its investigation.
