The Supreme Court on Tuesday, pulled up the West Bengal government over the delay in registration of FIR, and subsequent destruction of the crime scene, while hearing the case of the deceased PG doctor, who was raped and murdered at R.G Kar Medical College and Hospital, Kolkata, on August 9.
The Chief Justice, D.Y Chandrachud, termed the incident as “horrific”, and “horrendous”. The next hearing has been scheduled for August 22.
1.Supreme Court urges striking doctors to call off their strike, saying their concerns are receiving the highest importance before the top court.
2.The court further asked the West Bengal government to refrain from "unleashing the power of the state" on peaceful protestors and others commenting on the incident.
3.The apex court directed the CBI to submit a status report on the probe on August 22. It has also asked the West Bengal government to submit an explanation regarding the vandalism at R.G Kar Medical College and Hospital, that took place after the city staged multiple peaceful protests.
4.The Supreme Court directed to form a 10-member national task force to make recommendations on prevention of violence and safe working conditions for medical professionals. The task force constitutes five women, and several heads from different specializations in healthcare.
5.The task force has been asked to submit its interim report within three weeks from August 20, and the final report by two months thereafter.
6.Women are being denied equality, if they are unable to go to work, and working conditions are unsafe, said CJI.
7.The Chief Justice further sought the need for a national protocol. “We know they are all interns, resident doctors and most importantly women doctors....most of the young doctors are putting in 36 hours ....we must evolve a national protocol to ensure safe conditions of work are provided,” he observed.
8.The Supreme Court referred to healthcare laws in Kerala, and said that 7000 protesters was a situation of law and order. “ There are several states like Kerala which acts protecting the healthcare workers; (2) even in a well organised function if we want the presence of 500 persons, we know it should be well organised, 7000 persons in the hospital (protesting) ....this is a law and order situation,” ruled SC.
9.The court slammed Sandip Ghosh, ex R.G Kar principal for the delay in registering the FIR, in connection with the case. “..autopsy reveals that this is case where doctor is murdered..the FIR is registered at 11:45 PM? what was the principal, board in the hospital doing?” said the CJI.
10.SC says the perpetrator had ‘an animal like instinct.’ “Let us not trivialize, we are dealing with a young doctor's rape by a sexual pervert but also had an animal like instinct. I don't want to make this a political issue, 3 hours of the parents waiting,” said the court.
11.CJI referred to the Nipun Saxena case, while mentioning that it was a protocol to not disclose the identity of the rape victim. He expressed concern that the deceased victim's photo was all over the social media. “First, we are deeply concerned of the fact that the name of the victim has been all over the media, the photographs and videos are all over the media, this is extremely concerning,” he said.
12.The Chief Justice said that Kolkata doctor rape case has become an issue of safety of doctors across India. “Now not just a matter relating a particular rape issue in hospital, but it deals with systemic issue of safety of doctors across India,” said Chandrachud.
13.The Supreme Court hearing began today at 10:30 am, after the apex court took suo moto cognizance of the matter on August 18, as protests by doctors erupted across the country, significantly affecting healthcare services.
(Disclosure: Some inputs have been sourced from Live Law )