Kolkata rape-murder case: SC orders formation of national task force for safety of doctors

New Delhi, Aug 20: The Supreme Court on Tuesday ordered the formation of a national task force to suggest measures for the security of medical professionals across the country, observing that the safety of doctors is the “highest national concern”.

A bench headed by CJI D.Y. Chandrachud, which has taken suo moto cognisance of the rape and murder of a junior doctor at the state-run R.G. Kar Medical College and Hospital in Kolkata earlier this month, termed the incident “horrific” which raises “systemic issue of safety of doctors across the country”.

“We are deeply concerned with the fact that there is an absence of safe conditions of work for young doctors across the country, particularly, public hospitals,” CJI Chandrachud-led Bench said.

It added, “We earnestly appeal to all the doctors that we are here to ensure that their safety and protection is the matter of highest national concern. We feel this is not now a matter of a particular offence but something which affects the institution of healthcare pan India.”

The Bench, also comprising Justices J.B. Pardiwala and Manoj Misra, asked the CBI (Central Bureau of Investigation) to file a status report detailing the status of the investigation within two days as well as the state government to file a status report in relation to the incident of vandalisation inside the hospital premises. It pulled up the West Bengal government over the publication of the name, photographs and video clips of the deceased victim.

“It is extremely concerning. We are first to recognize the right to free speech, but there are well-settled parameters,” it said. In response, senior advocate Kapil Sibal, appearing for the West Bengal government, said, “We have filed 50 FIRs. Before the police arrived, photos were taken and circulated. We did not allow anything to happen.”

Questioning the role of then principal Dr Sandip Ghosh, who is now facing marathon questioning for 13 to 14 hours each day by CBI since last Friday, the top court asked, “What was the principal doing? Why an attempt to pass off the incident as a suicide? Not registering an FIR till late in the evening?”

“On the next day, a mob assembles at the hospital and critical facilities are damaged, what are the police doing? What are they (the police) doing? Allowing vandals to enter the hospital?” the bench asked further.

Solicitor General Tushar Mehta, the second highest law officer of the Centre, said that a mob of 7,000 people armed with lathis and other weapons in the middle of the night cannot be gathered without “the knowledge, if not consent, of the police force”, adding that the situation of vandalism was a complete failure of law and order in the state of West Bengal. The Supreme Court said that the state's police power should not be unleashed on peaceful protesters from the medical community and civil societies.

“People, whether they are doctors or civil societies or lawyers, who are protesting, so long as there is no act of destruction, let there not be the power of the state unleashed on peaceful protests. It is a time of national catharsis,” CJI Chandrachud remarked. The 3-judge bench of the top court was hearing the suo moto case titled “Alleged rape and murder incident of a trainee doctor in R.G. Kar Medical College and Hospital, Kolkata, and related issues”.

Several letter petitions were addressed to CJI Chandrachud, urging the apex court to take suo moto cognisance of the incident and issue directions for an immediate and impartial investigation. One of the letter petitions filed by Monica Singh, a doctor by profession, pleaded with the Supreme Court to exercise judicial oversight in the RG Kar matter to ensure that the investigation is conducted thoroughly and impartially.

It also prayed for guidelines to enhance security measures at medical colleges and hospitals across the country to prevent such incidents from occurring in the future, and for framing comprehensive guidelines for the protection of medical professionals and institutions.