Today, On 19th November, The Supreme Court said it “cannot issue blanket protection orders” for doctors participating in protests after the rape and murder of a trainee doctor in Kolkata, noting that protection must depend on specific facts while the larger issue of safety remains under scrutiny.
New Delhi: The Supreme Court stated that it cannot issue blanket orders to protect doctors involved in protests following the rape and murder of a trainee doctor at RG Kar Medical College and Hospital in Kolkata.
Justices MM Sundresh and Satish Chandra Sharma emphasized that any such order would interfere with police authority.
The bench remarked that the issue cannot be addressed piecemeal and expressed a preference to transfer the case to the Calcutta High Court.
The court observed,
“We are grappling with so many things and there is no end to this. It is easier for the Calcutta High Court to monitor protests. Is it possible for us to monitor the protests in Kolkata sitting in Delhi?”
They also noted,
“How can we pass blanket orders protecting doctors? The police has a right to call you.”
The apex court instructed senior advocate Karuna Nundy, representing the Association of junior and senior doctors, to provide a list of pending matters in the Calcutta High Court.
During the hearing, Nundy argued that protesting doctors were facing harassment from the police, who repeatedly summoned them for questioning. She requested that the Supreme Court grant protections for the doctors involved.
The case will be revisited after the winter recess. The body of the postgraduate trainee doctor was discovered in a seminar room at the hospital on August 9 of the previous year. Following the incident, Kolkata police arrested Sanjay Roy, a civic volunteer, the following day.
Earlier, On January 20, a Kolkata trial court sentenced Roy to “life term imprisonment till death” in connection with the case. This brutal crime sparked nationwide outrage and led to extended protests in West Bengal.
Despite the initial conviction, the Supreme Court is overseeing various related matters, including addressing the unauthorized absences of doctors. After taking suo motu notice of the case, the bench established a National Task Force (NTF) on August 20 of last year to create protocols ensuring the safety and security of medical professionals in light of the crime.
In November, the NTF reported as part of the Central government’s affidavit that a separate central law to address offenses against healthcare professionals was unnecessary. It noted that existing state laws adequately cover both minor and serious offenses, referencing the Bharatiya Nyaya Sanhita, 2023.
The panel highlighted that 24 states have enacted laws specifically addressing violence against healthcare professionals, while clearly defining “health care institutions” and “medical professionals.”
Initially investigated by the Kolkata police, the case was shifted to the CBI on August 13 after the Calcutta High Court expressed dissatisfaction with the former’s investigation.
The Supreme Court subsequently took oversight of the case on August 19, 2024.
Case Title: In Re: Alleged Rape and Murder incident of a trainee doctor in RG Kar Medical College and Hospital, Kolkata and related issues