The Supreme Court on Thursday directed the political parties and the government not to politicise the brutal rape and murder of a resident doctor, which took plae at RG Kar Medical College and Hospital in Kolkata on August 9.
The Bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Justice Manoj Misra took exception to the Central Bureau of Investigation and State of West Bengal arguing in the Court over the statements made by leaders from the Bharatiya Janata Party (BJP) and the Trinamool Congress.
Appearing for CBI, Solicitor General Tushar Mehta quoted a West Bengal Minister as saying that fingers pointing towards Mamata Banerjee would be chopped off.
Appearing for the West Bengal government, Senior Advocate Kapil Sibal said that Leader of the Opposition Suvendu Adhikari has said that bullets would be fired.
The Bench directed them not to politicise the situation, noting that law would take its course.
Expressing concern over the safety and welfare of doctors, the Court said it would pass enforceable directions and not just guidelines.
The Bench ordered that no coercive action should be taken against the doctors across India who took part in protests against the incident.
The Court, however, asked the doctors to immediately resume their duties so that patients needing public health services did not suffer.
The Bench noted that an apprehension has been expressed by the doctors that some of them were being proceeded against with respect to protests that happened recently.
The Court said it has been assured that doctors would return to work. There should be no coercive action against doctors, once they come back to work after the date of today’s order. No adverse action against doctors after they resume work for any protest that happened before the date of today’s order, it added.
The Bench said that judges and doctors could not go on strike since they dealt with matters involving the life and liberty of people.
The Delhi Medical Association apprised the Bench that First Information Reports (FIRs) have been registered against certain doctors from All India Institute of Medical Sciences (AIIMS) who protested.
Noting that AIIMS doctors have not been working for the past 13 days, the Bench asked them resume duty.
The top court of the country passed the order on a suo motu case registered by it in connection with the gruesome incident.
Various associations and bodies of medical professionals have filed intervention applications before the Apex Court seeking directions in the matter.
The doctor was found dead at a seminar hall of the college on August 9. An autopsy confirmed that she was raped and murdered.
On August 13, the Calcutta High Court transferred the probe to the Central Bureau of Investigation (CBI). Subsequently, the Supreme Court initiated the suo motu case.
During the previous hearing of the matter, the Bench had issued several directives, including the establishment of a National Task Force (NTF) to examine the issues concerning the safety and dignity of doctors and medical professionals. It also addressed gender-based violence and other issues relating to the well-being and safety of doctors and other medical professionals at the workplace.
The Bench had further directed the CBI to submit a status report on the progress of investigation into the case.
It also ordered the State of West Bengal to file a status report on the progress of probe into the acts of vandalism, which took place at the hospital and its premises in the aftermath of the crime.