The Supreme Court directed West Bengal Police on Thursday not to interrupt a peaceful demonstration in the light of the gruesome act at R. G. Kar Medical College and Hospital where a trainee doctor was raped and thereafter murdered earlier this month.
"We categorically reaffirm that peaceful protests shall not be disturbed and disrupted. The state shall not take any action against those who are peacefully protesting against the incident at state-run RG Kar Medical College and Hospital," a bench presided over by CJI D.Y. Chandrachud said.
The Bench of Justices J.B. Pardiwala and Manoj Misra was told by senior advocate Kapil Sibal, appearing for the West Bengal government, that the apex court has not injuncted the state police from exercising such lawful powers as entrusted to it under the law, making it clear that the protestors should also comply with the requirements of the law.
"Let the investigation be continued," observed the bench while recording the status report filed by the CBI, along with the Kolkata Police, in the connection of the vandalism at the hospital premises on the night of August 14.
The Supreme Court, however, also requested the jurisdictional court to pronounce, by 5 p.m. on Friday, on the application by the investigative agency of its seeking permission for a polygraph of the accused.
It has also sought that an NTF, as constituted by the Government on its directions, will take into account different medical associations in the formation of effective recommendations in the interest of safety, working conditions, and well-being of doctors and other medical professionals.
"To enable filing of suggestions before the NTF, we direct the Secretary in the Union Ministry of Health and Family Welfare to open a specific section on the website of the ministry on which association and different stakeholders may submit their suggestions for consideration before the committee," it ordered.
It also directed the apex court to plead with doctors across the country to resume work and at the same time assured the resident doctors and interns that no negative action would be taken against them for participating in protests.
The Bench led by CJI told Solicitor General Tushar Mehta: "Ask them (doctors) first to return to work. Once they come back to work, nobody is going to take any action against the doctors. Let them first come back to work and then, if there is any difficulty, we will make sure that no action is taken against the doctors."
It further stated, "The poor people coming to hospital cannot be left high and dry" and expressed fear on how public health machinery would function if doctors do not get back to work.
Further, the SC emphasized, "Let all the doctors resume work. Please be assured that once the doctors resume the duty then we will take care of requesting the authorities from perverting any punitive action."
The apex court also directed the Union Ministry of Health & Family Welfare to convene a meeting with all Chief Secretaries and Director Generals of Police within one week, asking all state governments to address the safety concerns of doctors and medical professionals.
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