Doctor rape and murder: Supreme Court asks Centre, states to take urgent steps for safety of doctors

New Delhi: A tough talking Supreme Court on Thursday termed "extremely disturbing" the Kolkata Police's delay in registering the unnatural death of the woman doctor raped and killed at the RG Kar Hospital, and also asked protesting doctors to get back to work.

Justice and medicine cannot be stopped, the court said while hearing a suo-motu case on the Kolkata doctor's horrific end and directed the Centre and the states to take urgent steps to institutionalise the safety of medics across the country.

A bench headed by Chief Justice D Y Chandrachud issued a slew of directions on the safety of doctors, norms for protests, rights of protesters as well as the West Bengal government.

It said the National Task Force (NTF) formed by the apex court will take note of the suggestions of all the stakeholders while formulating a national protocol for the safety of healthcare professionals, including the associations representing resident doctors.

"We direct the secretary of the Union Ministry of Health to engage with the chief secretaries of the states and directors general of police to ensure the safety of healthcare professionals," the bench said, while ordering that the exercise be completed in a week.

Appearing in the court on behalf of the Central Bureau of Investigation (CBI), Solicitor General Tushar Mehta alleged that senior doctors at the Kolkata hospital as well as the victim's colleagues had asked for videograph, which means even they felt that there was a cover-up.

"The (victim's) father insists on the registration of an FIR. The hospital does not register the FIR. The father insisted and got the FIR registered. The FIR is lodged after the cremation. This is an attempt to cover up. We entered the probe on day five, everything was altered by then," Mehta said.

He said the first FIR in the incident was filed only after the victim's cremation at 11:45 pm.

"Initially, the authorities told the parents that it was suicide but later, it was classified as death," he added.

As the hearing commenced after lunch, the court asked what was the reason for a 14-hour delay in lodging the FIR in connection with the incident.

"Who was in touch with the principal of the RG Kar Medical College? Why did he delay the FIR? What was the purpose?" the bench asked.

Questioning the sequence and timing of the legal formalities conducted by police, the court said it is very surprising that the post-mortem was conducted between 6:10 pm and 7:10 pm on August 9, even before the case of unnatural death was registered.

"How was it that the post-mortem was conducted at 6:10 pm on August 9 and yet the unnatural death information is sent to the Tala police station at 11:30 pm on August 9? This is extremely disturbing," the bench, also comprising Justices J B Pardiwala and Manoj Misra, said.

It directed the Kolkata Police officer, who registered the first entry about the incident that has shocked the country, to appear in the next hearing and disclose the time of the entry.

Mehta told the court that the most shocking fact is that the FIR was registered at 11:45 pm, after the post-graduate medic was cremated.

"The state police told the parents it was suicide. Then they said it was murder. Victim's friends suspected a cover up and insisted on videography," Mehta told the bench.

The bench said peaceful protests over the Kolkata incident shall not be disturbed or disrupted by the West Bengal government. The court, however, clarified that it has not injuncted the state government from exercising such lawful powers.

"When we say peaceful protesters will not be disturbed, we also mean proper protocol will be followed," the top court said.

It said there shall be no coercive action against doctors for protesting.

The court also asked the parties in the case not to politicise the issue and said law will take its course after Mehta pointed to an objectionable statement of a West Bengal minister.

The bench directed the secretary in the Union health ministry to launch a portal where the stakeholders can submit suggestions to the NTF on the safety of doctors.

As the hearing commenced, the top court asked the protesting doctors to resume work and assured them that no adverse action will be taken against them after they rejoin duty.

The court was told by the counsel for the resident doctors of the AIIMS-Nagpur that they are being victimised for protesting over the Kolkata rape-murder case.

"Once they get back to duty, we will prevail upon authorities to not take adverse action. How will public health infrastructure run if the doctors do not work?" the bench asked.

"If there is difficulty after that, come to us.... But let them first report to work," it said.

The court said its heart goes out to all patients visiting public hospitals.

It assured the doctors' associations that the NTF will hear all the stakeholders.

The brutal assault and murder of the junior doctor has sparked nationwide protests. The victim's body was found with severe injury marks inside the seminar hall of the state-run hospital's chest department in the morning of on August 9. A civic volunteer was arrested by the Kolkata Police in connection with the case the following day.

On August 13, the Calcutta High Court ordered the transfer of the probe from the Kolkata Police to the CBI, which started its investigation on August 14.