[Kolkata Hospital Rape-Murder] “Justice & Medicine Cannot Go On Strike Because it Handles Matters of Life & Liberty”: CJI Chandrachud

The Supreme Court on Thursday (Aug 22) reiterated its appeal to the doctors protesting over the rape and killing of a Kolkata medic to resume work and directed no coercive action against them.
The court said judges and doctors cannot go on a strike since they deal with matters involving life and liberty. “Justice and medicine cannot afford to be stopped. Can we (judges) go and sit outside the Supreme Court now?” the bench headed by CJI Chandrachud asked.

Thank you for reading this post, don't forget to subscribe!

NEW DELHI: On Thursday, the Supreme Court once again urged the doctors protesting over the tragic rape and killing of a Kolkata medical professional to resume their duties, emphasizing the critical nature of their work. The Court also directed that no coercive action be taken against the doctors involved in the protest.

The Court made it clear that both judges and doctors have responsibilities that involve life and liberty, making it impossible for them to go on strike. Chief Justice D Y Chandrachud, leading the bench, remarked,

“Justice and medicine cannot afford to be stopped. Can we (judges) go and sit outside the Supreme Court now?”

This statement was made during a hearing of a suo-motu case concerning the rape and killing of a post-graduate medic at Kolkata’s RG Kar Medical College and Hospital, an incident that has sparked widespread protests across the country.

During the hearing, a counsel representing resident doctors from the All India Institute of Medical Sciences (AIIMS) in Nagpur mentioned that the protesting doctors were being marked absent and were being barred from sitting for exams.

Responding to this, the bench stated-

“We cannot direct the administration to mark them present when they are absent. If they resume duty, we will order a lenient view.”

The Supreme Court appealed to the protesting doctors to immediately return to work to ensure that marginalized and needy patients do not suffer due to the strike. The bench, which also included Justices J B Pardiwala and Manoj Misra, assured the doctors that no coercive action would be taken against them for protests that occurred prior to the current order if they resumed their duties.

The bench stated,

“An apprehension has been expressed by the doctors that some of them are being proceeded against with respect to protests that happened in the past. We are expecting that in compliance with the assurance given to the court, the doctors will join the duties.”

The Delhi Medical Association informed the Court that FIRs had been filed against certain AIIMS doctors who participated in the protests. The Court expressed concern over the fact that doctors at AIIMS had been protesting for 13 days and strongly urged them to return to their duties.

On August 20, the Supreme Court had already asked protesting doctors nationwide to call off their strike and return to work. At that time, the bench made a heartfelt appeal:

“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. Please trust us, that is why we have not left the matter to the high court. We felt that this is not just a matter of a serious offence but it affects the institution of healthcare pan India. Therefore the need for the Supreme Court to take up the matter.”

The horrific rape and killing of the junior doctor occurred in a seminar hall of the hospital, leading to a massive outcry. The doctor’s body, bearing severe injury marks, was discovered on the morning of August 9 in the seminar hall of the hospital’s chest department.

A civic volunteer with the Kolkata Police was arrested the next day in connection with the case. On August 13, the Calcutta High Court transferred the investigation from the Kolkata Police to the Central Bureau of Investigation (CBI), which took over the case on August 14.

Solicitor General Tushar Mehta Vs Kapil Sibal (WB Govt Counsel)

During the Supreme Court hearing on Thursday regarding the rape and murder of a trainee doctor at Kolkata’s R.G. Kar Medical College & Hospital, Solicitor General Tushar Mehta, representing the CBI, sharply criticized West Bengal government counsel Kapil Sibal.

The exchange occurred when Sibal allegedly “laughed” while Mehta was highlighting the serious lapses in the registration of the FIR by the Kolkata Police.

Mehta sternly remarked,

“Somebody has lost their life, do not at least laugh,”

-emphasizing the gravity of the situation.

“You are trying to muddy the waters”

-Kapil Sibal to SG Tushar Mehta.

“We are trying to remove mud from waters”

-Mehta responds.

The CBI had submitted its status report to the Supreme Court on the ongoing investigation into the gruesome incident. The report revealed several discrepancies and missing links in the case. The CBI found that the crime scene had been altered, and the victim’s family had been misled about the cause of their daughter’s death, initially being told it was a suicide.

During the hearing, Mehta expressed deep concern over the significant delay in filing the FIR. He informed the court that

“the most shocking fact is that the first FIR was registered at 11:45 pm after cremation.”

He further explained that the victim’s parents were initially told it was a suicide, then a natural death, and only after the victim’s friends at the hospital insisted on videography did the truth begin to emerge.

The Supreme Court, led by a bench comprising Chief Justice DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra, termed the Kolkata Police’s handling of the case as “extremely disturbing.”

The bench particularly noted the troubling sequence of events, pointing out the delay in registering the case as an unnatural death. The court questioned,

“How was it that the post-mortem was conducted at 6:10 pm on August 9 and yet the unnatural death information is sent to Tala police station at 11:30 pm on August 9? This is extremely disturbing.”

The court directed the Kolkata Police officer responsible for registering the first entry about the rape and murder to appear at the next hearing and provide details about the timing of the entry. This directive was in response to the ongoing concerns about how the initial steps of the investigation were handled.

Mehta reiterated to the bench that the FIR was only lodged at 11:45 pm, after the victim had already been cremated, adding that the state police had initially misled the parents, first claiming it was a suicide, then acknowledging it as a murder. He further noted that the victim’s friends had suspected a cover-up and had insisted on videography of the crime scene.

The hearing also addressed the ongoing protests by doctors across the country in response to the murder.

The Supreme Court asked the protesting doctors to resume work, assuring them that no adverse actions would be taken against them once they returned to their duties. The court emphasized the importance of maintaining the public health infrastructure, with the bench stating,

“How will public health infrastructure run if the doctors do not work?”

The top court also reassured the doctors’ associations that the National Task Force would hear all stakeholders involved. The brutal rape and murder of the junior doctor, whose body was found with severe injury marks in the seminar hall of the hospital’s chest department, has triggered nationwide protests.

The following day, August 10, a civic volunteer was arrested by the Kolkata Police in connection with the case.

The case continues to unfold, with the Supreme Court closely monitoring the investigation, particularly the actions of the Kolkata Police and the findings of the CBI.

The next hearing is expected to provide further clarity on the gaps and delays identified in the early stages of the investigation.

Click Here to Read Previous Reports on Rape & Murder of a Doctor in Kolkata

Click Here to Read Previous Reports on CJI

FOLLOW US ON YOUTUBE FOR MORE LEGAL UPDATES