Supreme Court declines to grant blanket immunity to protesting doctors, citing limits on monitoring protests from Delhi.
Court notes police can summon doctors; asks for details of matters already pending before Calcutta High Court.
Case stems from August 2023 rape-murder of PG trainee doctor; SC continues oversight on related issues, including safety protocols for healthcare workers.
SC Refuses Blanket Protection for Protesting Doctors in Kolkata PG Trainee Rape-Murder Case
Bench says issuing broad safeguards would interfere with police powers; matter likely to move to Calcutta High Court after winter break.
Summary
In response to the rape and killing of a trainee physician at the RG Kar Medical College and Hospital in Kolkata, the Supreme Court ruled on Wednesday that it could not issue "blanket orders" to protect physicians participating in demonstrations.
Any order would be considered interference with the police's authority, according to a bench of Justices MM Sundresh and Satish Chandra Sharma.
The Supreme Court stated that it was inclined to send the case to the Calcutta High Court after noting that it could not be considered "piecemeal".
"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.
Nundy said throughout the hearing that the police were harassing protesting physicians and regularly calling them in for questioning.
She asked the Supreme Court to order the doctors to be protected.
The case will now be heard following the winter break.
On August 9 of last year, the postgraduate trainee physician's body was discovered in the hospital's lecture room. The following day, Sanjay Roy, a civic volunteer, was taken into custody by Kolkata police.
A trial court in Kolkata sentenced Roy to "life term imprisonment till death" on January 20. In West Bengal, the horrible incident sparked protracted protests and national indignation.
Even after the initial conviction, the top court is keeping an eye on a number of related matters, such as regularising doctors' unapproved absences.
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On August 20 of last year, the bench established a National Task Force (NTF) while taking suo motu notice of the case to develop a protocol ensuring the safety and security of medical personnel following the incident.
In its report, which was included in the Central government's affidavit, the NTF stated in November of last year that there was no need for a separate central statute to address crimes against healthcare workers.
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.
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With PTI inputs.
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