The Supreme Court on Wednesday said it cannot pass
"blanket orders" protecting doctors involved in protests in the
aftermath of the rape and murder of a trainee doctor at the RG Kar Medical
College and Hospital in Kolkata.
A bench of Justices MM Sundresh and Satish Chandra
Sharma said any order passed would amount to interference with the authority of
the police.
Observing that the matter cannot be heard
"piecemeal", the apex court said it was inclined to transfer the
matter to the Calcutta High Court.
"We are grappling with so many things and there
is no end to this. It is easier for the Calcutta High Court to monitor
protests. Is it possible for us to monitor the protests in Kolkata sitting in
Delhi? "How can we pass blanket orders protecting doctors. The police
has a right to call you," the bench observed orally.
The top court directed senior advocate Karuna Nundy,
representing the Association of junior and senior doctors, to submit a table of
matters pending before the Calcutta High Court.
During the hearing, Nundy submitted that protesting
doctors were being harassed by the police and were called for interrogation
repeatedly.
She sought directions from the apex court that
protection be given to the doctors.
The matter will now be heard after winter vacations.
The body of the postgraduate trainee doctor was
found in the hospital's seminar room on August 9 last year. Kolkata police
arrested Sanjay Roy, a civic volunteer, the next day
On January 20, a Kolkata trial court awarded convict
Roy "life term imprisonment till death" in the case. The heinous
crime triggered nationwide outrage and prolonged protests in West Bengal.
The apex court, even after the primary conviction,
is monitoring multiple ancillary issues, including regularising the
unauthorised absence of doctors.
While taking suo motu notice of the case, the bench
constituted a National Task Force (NTF) on August 20 last year to formulate a
protocol to ensure safety and security of medical professionals in the wake of
the crime.
In November last year, the NTF in its report -- part
of the Central government's affidavit -- said a separate central law to deal
with offences against healthcare professionals was not required.
The panel said state laws had adequate provisions to
address minor offences besides serious ones under the Bharatiya Nyaya Sanhita,
2023.
In a slew of recommendations, the NTF said 24 states
had enacted laws to address violence against health care professionals while
defining the terms "health care institutions" and "medical
professionals".
Initially investigated by the Kolkata police, the
case was transferred to the CBI on August 13 after the Calcutta High Court
expressed dissatisfaction over the former's investigation.
The top court subsequently assumed oversight of the
matter on August 19, 2024.