NEW DELHI: The Supreme Court on Monday directed the junior doctors of R G Kar Medical College and Hospital, Kolkata, who have been protesting against the rape and murder of 31-year-old PG medico, to join work by Tuesday 5 pm, or the West Bengal government would be free to take disciplinary action against them.
Taking up a suo motu case related to August 9 incident, a bench of Chief Justice of India D Y Chandrachud and Justices J B Pardiwala and Manoj Misra also went through the status report filed by the state government and the CBI and clarified it would guide the investigation into the matter.
The court also directed the state government to provide accomodation to the women personnel of CISF deployed at the hospital by its order of August 22.
However, senior advocate Kapil Sibal, appearing for the West Bengal government, raised the issue of ongoing strike by junior doctors, which resulted into death of 23 patients.
"We direct that junior doctors have to work by tomorrow 5 pm, and no action should be taken agaist them till that time. We direct that if the doctors do not resume work then we cannot stop the state government from taking disciplinary action against them. If they resume work then no action against them as we are seized of the matter," the bench said.
The court also said that the State of West Bengal must create steps to instil a degree of confidence in the minds of the doctors that concerns regarding their safety and security.
The police should ensure that necessary conditions are created for ensuring the safety of all doctors (including provisions for separate duty rooms; toilet facilities installation of CCTV cameras, the court ordered.
The court directed the District Collectors and Superintendent of police to ensure necessary conditions are created for ensuring safety and security of doctors of government medical colleges and hospitals which include creation of restrooms for male and female doctors, installation of CCTVs.
The court noted the affidavit by state police said funds have been sanctioned by state of West Bengal for additional CCTVs.
"This shall be continuously monitored," the bench said.
Having noted the submission that the doctors continued to abstain from duties for 28 days, the bench told them to return to their work, as they are in the system to render service.
"No adverse action will be taken against the doctors who join work. No punitive action, including transfers, will be taken place against the doctors, after they join their respective work," the bench clarified.
"Due security must be provided to the doctors, but they must return to their work and attend patients. You first return to work. They must now come to work," the bench added.
The court also noted certain leads were made by the CBI with regard to the incident.
It asked the CBI to file a further status report by September 16 on progress made by the agency and fixed the matter for further hearing to September 17.
After going through the status report, the bench said "One thing is very clear. There is at least 14 hours delay in registration of FIR on the rape-murder incident by Kolkata police. Two things are known - the time when the victim went to seminar hall to rest and second the movement around that room after that."
During the hearing, the court also directed for immediate removal of photographs of the RG Kar hospital victim from all social media platforms and electronic media forthwith to protect the dignity and privacy of the deceased.
Last month, the Supreme Court had taken Suo motu cognisance of the brutal and horrific incident of the rape and murder of the 31-year-old trainee PG doctor. It had also questioned the state government's move to shift Ghosh from R G Kar College and Hospital and appoint him in another college after the incident sparked country wide outrage.
The court had also slammed the delay in the registration of the FIR and inconsistencies in the timings regarding the entries for unnatural death of the victim.
