The Supreme Court on Monday urged striking doctors in West Bengal to return to work by 5 p.m. on Tuesday, warning that if their boycott continues, disciplinary action may follow. The top court's directive came while hearing the case of a trainee doctor who was raped and murdered at a Kolkata hospital.
A bench led by Chief Justice DY Chandrachud pulled up the West Bengal government over its handling of the case, questioning the 14-hour delay in filing the FIR, and also flagging that a key document required for the autopsy was "missing".
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The Chief Justice asked, "Where is the challan of the body when it’s handed over for post-mortem?"
Solicitor General Tushar Mehta, appearing for the CBI, informed the bench that the challan was not part of their records. "It’s crucial because this column contains what other material was sent along with the body," he said.
He added that, in the absence of the challan, the post-mortem doctor cannot accept the body. The CBI also did not have the challan.
"How was the post-mortem carried out in the absence of a formal request?" the Chief Justice asked.
The court also sought clarification on the timing of the unnatural death report in the rape and murder case of a trainee doctor at Kolkata's RG Kar Hospital, following the submission of a status report by the CBI.
Senior advocate Kapil Sibal, representing the West Bengal government, informed the bench that the death certificate was issued at 1:47 p.m., while the police registered the entry of unnatural death at 2:55 p.m.
However, Solicitor General Tushar Mehta countered, stating that according to records, the report was filed at 11:30 p.m.
The CBI flagged the forensics report as a key issue, questioning who collected the samples. The agency plans to send samples to the All India Institute of Medical Sciences (AIIMS) in Delhi.
Reading out from the forensics report, Mehta said, "When the body was recovered at 9:30 a.m., jeans were removed, the body was semi-nude, and there were injury marks on private parts."
The CBI counsel also pointed out discrepancies in the handling of evidence, noting that blood samples were not stored at the required 4 degrees Celsius, and stressed the importance of the first few hours in a rape and murder investigation.
The Chief Justice responded, "That’s why we asked if you have the complete CCTV footage or not? Who else entered after the accused exited?"
Sibal maintained that everything was video-recorded, with a judicial magistrate as a witness.
'PROTESTS CAN'T HAPPEN AT COST OF DURESS'
At the outset of the hearing, the CBI submitted its status report on the investigation to the bench. The judges reviewed the report, before directing the agency to submit a fresh status report by September 17.
Sibal informed the court that 23 people had died because doctors were on strike, and the state health department submitted a report on the same. He requested the court to mandate that doctors return to their duties.
The Chief Justice said, "We know what is happening on the ground, but doctors must now come back to work. They cannot say senior doctors are working, so we will not work."
He warned, “If doctors do not resume work, then we cannot stop the government from taking disciplinary action.”
Stating that protests cannot happen "at the cost of duress", the Chief Justice observed, "We want to ensure that doctors resume work. They are in a system to render service. We will provide facilities, but they have to reciprocate."
The case was initiated by the Supreme Court on its own, and a three-judge bench comprising the Chief Justice and Justices JB Pardiwala and Manoj Misra is hearing the matter.
The Centre informed the top court that the Bengal government was not cooperating with the Central Industrial Security Force (CISF) personnel guarding RG Kar Medical College and Hospital.
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The Centre noted that due to a "non-availability of accommodation, security gadgets, and paucity of transportation," CISF personnel, particularly the female contingent, are facing significant challenges.
The Supreme Court directed both the state government and the CISF to resolve the issues promptly. "We direct senior officers of the state government and senior officers of the CISF to examine the issue and provide accommodation at the nearest location. Any further arrangements for buses, trucks, and light motor vehicles should be made by 5 p.m. today, and all security gadgets by 9 p.m. today," the order stated.
Published By:
Ajmal
Published On:
Sep 9, 2024
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