[Doctor’s Rape and Murder] Calcutta High Court Stays Suspension of 59 Junior Doctors of RG Kar Medical Students and Doctor

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“The suspension and expulsion orders were issued in complete violation of natural justice,” said Arkaprava Sen, the lawyer representing the junior doctors, explaining the court’s decision to stay the orders.

KOLKATA: The Calcutta High Court on Tuesday(22nd Oct) stayed the suspension of 59 junior doctors from Kolkata’s RG Kar Medical College and Hospital following the August 9 rape and murder of their colleague, according to lawyers representing the suspended doctors. Among the 59, six were also expelled.

The stay order was issued by Justice Kausik Chanda. The next hearing in the case is scheduled for November 11.

“The suspension and expulsion orders were issued in complete violation of natural justice,” said Arkaprava Sen, the lawyer representing the junior doctors, explaining the court’s decision to stay the orders.

Sen added, “The court observed that only the state government has the authority to make decisions in this matter.”

The hearing took place a day after Chief Minister Mamata Banerjee, who also heads the health department, questioned the legitimacy of the suspension orders.

The institution’s administration had taken disciplinary action in mid-August, following demands from the Resident Doctors’ Association of RG Kar, which alleged that the suspended doctors had intimidated their colleagues under the influence of former principal Sandip Ghosh.

Ghosh is currently in jail after being arrested by the Central Bureau of Investigation (CBI) for allegedly tampering with evidence related to the rape and murder case.

Junior doctors from RG Kar and other government medical colleges have consistently protested over the past two months, alleging that a culture of intimidation perpetuated by senior officials and certain students has disrupted both healthcare and medical education in the state.

The Resident Doctors’ Association of RG Kar Medical College and Hospital sought to join the legal proceedings but was denied since it is not a registered body, according to the association’s lawyer, Kallol Basu.

Saurav Das, one of the junior doctors who filed the petition, criticized the suspensions, stating,

“The hospital authorities cannot suspend so many of us this way. Only a small group of junior doctors are responsible for these actions. We weren’t even given a chance to be heard, and no proper inquiry was conducted.”

He further added,

“We were willing to resume duty, but some junior doctors persisted with the strike. We are open to facing a judicial inquiry.”

Meanwhile, Asfaqullah Gayen, a prominent figure in the junior doctors’ protest, maintained that no one had been falsely accused.

“The hospital authorities thoroughly reviewed the allegations, and the actions taken were in accordance with medical council guidelines,”

he asserted.

During a televised discussion with the protesting junior doctors, CM Mamata Banerjee questioned the basis of the suspensions for the first time. She emphasized that disciplinary actions against students accused of extortion, corruption, or ragging cannot be taken by college authorities without the state health department’s review.

In light of this, Banerjee challenged the decision to suspend students from RG Kar Medical College, saying, “The state must investigate such allegations, and the accused must be given an opportunity to respond.”

Banerjee also remarked,

“This could also be considered a culture of intimidation.”

Following Monday’s discussion, the state health department announced the formation of an 11-member task force to address allegations at hospitals and medical colleges across Bengal. The task force, headed by the chief secretary and including junior doctors, will oversee these matters as agreed during Banerjee’s meeting with the protesting doctors.

The horrific rape and murder of a 31-year-old female trainee doctor at Kolkata’s R.G. Kar Medical College and Hospital have sparked nationwide outrage, triggering widespread protests and raising serious concerns about safety within medical institutions.

The crime, committed on the night of August 9, has brought attention to issues such as institutional negligence, possible tampering of evidence, and the conduct of law enforcement. Amid growing public anger, the case has seen significant developments, including the arrest of the prime suspect, Sanjoy Roy, and the transfer of the investigation to the Central Bureau of Investigation (CBI).

The Central Bureau of Investigation (CBI) has named Sandip Ghosh, the former principal of RG Kar Medical College and Hospital, in an FIR as part of its investigation into alleged financial irregularities at the institution during his tenure.

The FIR includes charges under Section 120B of the IPC (criminal conspiracy) along with Section 420 (cheating and dishonesty) and Section 7 of the Prevention of Corruption Act, 1988 (as amended in 2018), which pertains to the unlawful acceptance of gratification by a public servant.

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author

Minakshi Bindhani

LL.M( Criminal Law)| BA.LL.B (Hons)

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