The Supreme Court said on Wednesday that it cannot issue "blanket orders" to protect doctors involved in protests following the rape and murder of a trainee doctor at the RG Kar Medical College and Hospital in Kolkata. A bench comprising Justices MM Sundresh and Satish Chandra Sharma remarked that any such order would amount to interference with the authority of the police force.
Observing that the issue could not be heard "piecemeal", the apex court indicated its inclination to transfer the entire matter to the Calcutta High Court.
"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? How can we pass blanket orders protecting doctors. The police has a right to call you," the bench orally observed.
The top court instructed senior advocate Karuna Nundy, who is representing the Association of junior and senior doctors, to provide a table of matters currently pending before the Calcutta High Court.
During the hearing, Ms Nundy contended that the police were harassing protesting doctors by repeatedly calling them in for interrogation. She sought directions from the apex court to ensure protection for the doctors.
The case will now be heard again after the winter recess.
The body of the postgraduate trainee doctor was discovered in the hospital’s seminar room on August 9 last year.
Sanjay Roy, a civic volunteer, was arrested by Kolkata police the following day.
On January 20, a Kolkata trial court sentenced the convicted Roy to "life term imprisonment till death".
On January 20, a Kolkata trial court awarded convict Roy "life term imprisonment till death" in the case. The heinous crime triggered nationwide outrage and prolonged protests in West Bengal.
The apex court, even after the primary conviction, is monitoring multiple ancillary issues, including regularising the unauthorised absence of doctors.
While taking suo motu notice of the case, the bench constituted a National Task Force (NTF) on August 20 last year to formulate a protocol to ensure safety and security of medical professionals in the wake of the crime.
In November last year, the NTF in its report — part of the Central government's affidavit — said a separate central law to deal with offences against healthcare professionals was not required.
The panel said state laws had adequate provisions to address minor offences besides serious ones under the Bharatiya Nyaya Sanhita, 2023.
In a slew of recommendations, the NTF said 24 states had enacted laws to address violence against health care professionals while defining the terms "health care institutions" and "medical professionals".
Initially investigated by the Kolkata police, the case was transferred to the Central Bureau of Investigation on August 13 after the Calcutta High Court expressed dissatisfaction over the former's investigation.
The top court has subsequently assumed oversight of the matter on August 19, 2024.
Also read: Junior doc involved in RG Kar protest held for molesting minor
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