Don’t politicise Kolkata rape-murder; no coercive action against doctors joining duties: SC ,

File Photo: Supreme Court of India


Telling both the ruling TMC and the opposition in West Bengal not to politicize the R G Kar Hospital rape and murder of a doctor on August 9, the Supreme Court on Thursday asked the agitating doctors to get back to work while assuring that no coercive action will be taken against those who participated in the protest.

Taking exception to the CBI and the State of West Bengal trading barbs in the course of the hearing today over the statements made by a Minister in the State government and the leader of the opposition Suvendu Adhikari, a bench of Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra said, “Do not politicise the situation. Law will take its course.

The top court counsel to both the ruling TMC and the BJP came as Solicitor General Tushar Mehta appearing for the CBI said, “A sitting minister of the State of West Bengal says fingers pointing towards their leader (Mamata Banerjee) will be chopped off.”

Getting back, senior advocate Kapil Sibal appearing for the State of West Bengal said, “And leader of opposition Suvendu Adhikari has said bullets will be fired.”

The top court insisted that agitating doctors will have to get back to their work while assuring that no coercive action will be taken against them for participating in the protest that was sparked following the rape and murder of a postgraduate trainee doctor in Kolkata’s state-run RG Kar Medical College and Hospital.

Exhorting the agitating doctors to “get back to work now”, Chief Justice Chandrachud said, “Investigation is going on, we are looking into the matter, … we will issue not just the guidelines but issue enforceable directions to institutionalise the safety of the doctors, nurses and para-medical staff.”

Underlining the importance of doctors in the health care system and the judges dispensing justice, Chief Justice Chandrachud told the agitating doctors, “Justice and medicine cannot go on strike. Can we (judges) go and sit outside the Supreme Court now.”

As lawyers representing different bodies of the doctors complained about the victimisation including deduction of their casual leaves, they were facing for joining the protest including from AIIMS, Nagpur and PGI, Chandigarh, CJI Chandrachud said that these institutions are headed by seasoned directors who will never do something like this.

On a note of assurance, the CJI Chandrachud said, “Once they get back to duty, we will prevail upon authorities to not take adverse action, else how will the public health infrastructure run if the doctors do not work.”

On applications by different associations of doctors, particularly resident doctors seeking to be included in the and heard by the National Task Force set-up by the Supreme Court on August 20, the CJI in the order said, “The reason for this broad-based National Task Force is that all stakeholders will be consulted including the resident doctors. So, they will be heard. If we start asking representatives of various stakeholders to be part of the committee then work of the committee gets dislocated. We know that the committee has senior women doctors and they have dedicated life to public health infrastructure.

“The committee will hear everyone – interns, residents, senior residents, nurses, paramedical staff. Committee will ensure that all representatives are heard.”