NEW DELHI: The Supreme Court on Wednesday told hospitals, including AIIMS New Delhi, to regularise the unauthorised absence of doctors who participated in the protests following the rape and murder of a PG Medico at RG Kar Hospital, Kolkata.
A bench of Chief Justice of India Sanjiv Khanna and Justice Sanjay Kumar declined to consider a separate plea, by the parents’ of the deceased, seeking re-investigation or an additional investigation for now. The parents’ decided to withdraw the plea. The bench allowed the parents’ to amend the prayers.
SC Orders Regularisation of Doctors’ Absence Amid RG Kar Protest Controversy
The court was hearing a suo-motu case over the rape and murder of a trainee doctor in the Kolkata hospital. On January 20, a Kolkata trial court awarded convict Sanjay Roy "life term imprisonment till death" in the case.
The counsel for doctors’ body contended that some hospitals had regularised the absence of the doctors but a few others, which included AIIMS Delhi, decided to treat the period as leave of absence.
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The court on August 22, 2024 asked the protesting doctors, across the country, to resume work and directed no coercive action would be taken against doctors once they resumed work.
“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 bench said.
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The counsel said, if the period of protest is treated as leave, then it may create trouble for some of the medical postgraduate students.
Solicitor General Tushar Mehta, for the Centre, said as the case was non-adversarial, the hospitals would abide by the directions issued by the apex court.
“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," the bench said.
On the parents' plea, Mehta contended that it will only help the convict. The bench asked the parents’ to be careful in the plea, as there's already a conviction order in the case. Parents’ have contended that an additional probe was required as Sanjoy Roy was not the only accused, and there are others too, who were not arrested. The plea contended that those who harboured, shielded Roy have not been arrested.
