Kolkata Rape Case | Junior Doctors Complaint to be Heard Today

Today(27th August), the Madhya Pradesh High Court, led by Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf, extended the hearing on junior doctors’ grievances by a week. The session also considered the Supreme Court’s involvement in the related Kolkata rape case.

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Kolkata Rape Case | Junior Doctors Complaint to be Heard Today

MADHYA PRADESH: The Madhya Pradesh High Court, led by a bench comprising Chief Justice Sanjeev Sachdeva and Justice Vinay Saraf, extended the hearing on the matter by a week. The court’s session, which began as scheduled on today(27th August), centered around the complaint filed by junior doctors concerning their grievances. A notable aspect of this session was the court’s decision to grant additional time for a response, particularly in light of the Supreme Court’s involvement in the related Kolkata rape case.

During the proceedings, the counsel for the junior doctors, Mahendra Pateria, requested additional time to prepare their response. The court agreed to this request, providing a brief extension. This development follows the High Court’s previous directive, issued during the last hearing, which urged the Junior Doctors Association to return to work promptly.

The court emphasized the importance of resuming medical services, stating that –

“Doctors must promptly provide treatment and assistance to any patient in need.”

A petition challenging the ongoing strike was filed in the High Court, prompting this series of hearings. The strike had been initiated by doctors across India in response to the brutal rape and murder of a trainee woman doctor in West Bengal, an incident that has sparked widespread outrage within the medical community. In response, the Acting Chief Justice, Sanjeev Sachdeva, directed notices to be issued to several key parties involved in the case. These parties included the Indian Medical Association, the MP Government-Autonomous Doctors Federation, the Provincial Contract Medical Officers Association, and the Junior Doctors Association, Madhya Pradesh.

The petition, submitted by Narsinghpur resident Anshul Tiwari, highlighted the nationwide protests by doctors in reaction to the West Bengal incident. Tiwari’s petition underscored the gravity of the situation, noting that doctors from across the country had joined the agitation to express their solidarity and demand justice.

In the course of the hearing, the Junior Doctors Association verbally assured the court of their intention to consider calling off the strike. However, the situation remains tense, as the court had previously declared the strike illegal in February 2023.

At that time, the High Court had issued a clear directive, stating that –

“The High Court declared the doctors’ strike illegal in February 2023.”

The court further ordered that no medical associations should proceed with a strike without first informing the court.

Representing the petitioners, senior advocates Sanjay Aggarwal and Abhishek Pandey, along with advocates Mahendra Pateria and Akshans Srivastava, presented their arguments before the court. They emphasized the detrimental impact of the strike on patients, reiterating the court’s earlier judgment that declared the strike illegal.

During the hearing, the Junior Doctors Association requested an additional two days to deliberate on ending the strike. The court responded with a stern rebuke, underscoring the urgency of the situation.

“Patients cannot afford to wait two days for treatment.”

-the court remarked, highlighting the critical nature of medical services.

The court further commented on the broader implications of the strike, stating that the issue at hand transcends regional boundaries and is of national concern.

“The issue prompting the association’s strike affects not just Madhya Pradesh but the entire country and society. These incidents are a serious concern for the nation, and strikes are not a solution to such problems.”

-the bench asserted.

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Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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