The Supreme Court on Wednesday, November 19, 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, reported PTI.
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.
Doctors claim harassment; Court asks for list of pending cases
During the hearing, senior advocate Karuna Nundy, representing the Association of junior and senior doctors, 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 top court directed Nundy to submit a table of matters pending before the Calcutta High Court. The matter will now be heard after winter vacations.
Background of the crime and conviction
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.
Supreme Court’s ongoing oversight and National Task Force
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.
