The Supreme Court on Monday gave junior doctors in the West Bengal government hospitals and associated medical colleges two days’ time – by Tuesday 05.00 pm – to return to their work failing which the State government is free to initiate action against doctors staying away from their duties.

Telling the West Bengal government not to take any action including punitive transfers against the doctors who return to work by 05.00 pm Tuesday, Chief Justice D.Y. Chandrachud heading a bench also comprising Justice J.B. Pardiwala and Justice Manoj Misra said that if doctors do not resume to work, then we cannot stop the state govt from taking disciplinary action against them.

“We direct that junior doctors have to be back to work by tomorrow by 05.00 pm, and no action should be taken against them till that time. We direct that if the doctors do not resume work, then we cannot stop the state government from taking disciplinary action against them. if they resume work then no action be taken against them as we are seized of the matter,” the court said in its order.

Reminding the doctors that they are in the field of health care and render services, the court, while asking junior doctors to return to their work, reiterated “No adverse action will be taken against the doctors who join work. No punitive action, including transfers, will take place against the doctors, after they join their respective work.”

The top court’s order came after senior advocate Kapil Sibal appearing for the West Bengal government apprised the court of the difficulties being faced by the people as junior doctors, who he said are the backbone of the health care system, are not attending their duties for the last 28 days. Sibal said that besides lakhs of people who have been denied medical care due to the cease work action of the junior doctors, 23 people have died as a consequence.

The court also said that the West Bengal government must take steps to create confidence amongst the doctors and the concerns regarding their safety and security must be catered to. The State police shall ensure that necessary conditions are created for ensuring the safety of all the doctors including provisions for separate rest rooms, toilet facilities, installation of CCTV cameras.

“The District Collectors and the Superintendent of police shall look into the situation and ensure necessary conditions are created for ensuring safety and security of doctors of government medical colleges and hospitals which include creation of rest-rooms 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 CCTVs, this shall be continuously monitored by the District Collectors along with Superintendent of police,” the top court said in its order.

The court after perusing the status report by the CBI on its investigation of the case and that of the West Bengal government said that the CBI has certain leads in the incident and asked the investigating agency to file a further status report by Sep 16 on the progress made by it in pursuing the leads that has emerged in the course of probe, and posted the matter for further hearing to September 17, 2024.

The court, after going through the status report noted, “One thing is very clear. There is at least 14 hours delay in registration of FIR on the rape-murder incident by Kolkata police. Two things are known – the time when the victim went to the seminar hall to rest and second the movement around that room after that.”

The top court also directed immediate removal of photographs of the RG Kar hospital victim from all social media platforms and electronic mediums to protect the dignity and privacy of the deceased.