A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar addressed the issue, stating “We deem it appropriate to clarify that if protesting workers had joined work post the Supreme Court order then their absence shall be regularised and not be treated as absence from duty. This is issued in peculiar facts and circumstances of the cases and is not laying down any precedent.”
![[RG-Kar Doctor's Protest] Supreme Court Orders Hospitals Must Regularise Protesting Doctors' Absence, Not Treat as Absence From Duty](https://i0.wp.com/lawchakra.in/wp-content/uploads/2025/01/RG-Kar-Rape-_-CJI-Khanna-Led-Bench-In-Supreme-Court-To-Hear-Suo-Motu-Case-Today-Jan-29.jpeg?resize=800%2C450&ssl=1)
NEW DELHI: The Supreme Court of India on Wednesday (29th Jan) directed hospitals, including AIIMS New Delhi, to regularise the period of absence of doctors who had participated in protests against the rape and murder of a trainee doctor at RG Kar Hospital in Kolkata.
The decision came after a doctors’ association pointed out that while some hospitals had regularised the absence based on an earlier court order, others, including AIIMS Delhi, were treating it as leave.
A bench comprising Chief Justice Sanjiv Khanna and Justice Sanjay Kumar addressed the issue, stating:
“We deem it appropriate to clarify that if protesting workers had joined work post the Supreme Court order then their absence shall be regularised and not be treated as absence from duty. This is issued in peculiar facts and circumstances of the cases and is not laying down any precedent.”
The doctors’ association’s lawyer informed the court that treating the protest period as leave could cause problems for some postgraduate medical students.
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The Supreme Court was informed that while some institutions, such as AIIMS Kalyani, AIIMS Gorakhpur, and PGI Chandigarh, had regularised the absence of protesting doctors, others had not. The bench reiterated that its earlier order had clearly stated that no coercive action should be taken against the protesting doctors.
“By an earlier order, it was stated that no coercive step would be taken against the protesting doctors for protests till the date of the order. Pursuant to this, some of the AIIMS such as Kalyani and Gorakhpur and the PGI Chandigarh have regularised the absence. However, some other institutes have treated the said period as if doctors were on leave.”
Background
The case involves the heinous crime of rape and murder of a female post-graduate trainee doctor at RG Kar Hospital in Kolkata. Her body was discovered in a seminar room on August 9, 2024. The crime led to massive protests by doctors across India, demanding justice and better security.
ALSO READ: BREAKING | RG Kar Rape: Court Sentenced Sanjoy Roy To LIFE IMPRISONMENT
On August 22, 2024, the Supreme Court had made an emotional appeal to protesting doctors, urging them to resume work. The bench had observed that both justice and medical services must continue and assured that no action would be taken against doctors who resumed their duties.
The Supreme Court had earlier stated:
“Observing ‘justice and medicine’ couldn’t be stopped, it directed no coercive action would be taken against doctors once they resumed work.”
18th January RG Kar Case-Verdict
During the court proceedings, Anirban Das, the Additional District and Sessions Judge, made it clear that the verdict would be delivered in a highly secured, closed-door setting. This decision was taken to ensure the “paramount importance” of safeguarding the prime accused, Sanjay Roy. To maintain order and security, police officers cordoned off the entire area and escorted Roy into the courtroom under heavy protection.
The chargesheet revealed that the victim’s blood was found on the jeans and shoes of Sanjay Roy.
Furthermore, investigators recovered the accused’s hair and a Bluetooth earpiece linked to his cellphone from the seminar hall where the crime took place.
The discovery of such incriminating evidence left little room for doubt about Roy’s involvement in the brutal crime.
Case Title :
In Re : Alleged Rape and Murder of Trainee Doctor in RG Kar Medical College Hospital Kolkata and related issues | SMW(Crl) 2/2024
