RG Kar case: Can't pass 'blanket orders' protecting doctors involved in protests, says SC
New Delhi (PTI): 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.
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Delhi CM Rekha Gupta accuses Mamata Banerjee of stalling SIR; TMC hits back
Kolkata (PTI): Alleging that her West Bengal counterpart Mamata Banerjee had approached the Supreme Court to stall the SIR exercise to prevent the identification of infiltrators, Delhi Chief Minister Rekha Gupta on Sunday claimed that the people of the state have made up their minds to dislodge the Trinamool Congress from power.
The TMC countered strongly, urging Gupta to "look into her own backyard" and accused her of making absurd allegations against the TMC government without checking facts.
Addressing participants at the 'Nari Sankalp Yatra' organised by the BJP's women's wing at Science City auditorium here, Gupta alleged that the "hands-off" and appeasement policies of the TMC government had allowed thousands of infiltrators to enter the state in recent years.
She claimed that this had put a strain on basic rights such as access to water, electricity, ration, education, livelihood and the right to vote for genuine citizens.
"She wants to perpetuate this and hence is trying to stall the SIR exercise, which aims at identifying and deporting infiltrators. Imagine a chief minister going to the apex court to argue against an exercise meant to ensure free and fair polls," Gupta said.
The BJP leader alleged that appeasement politics had reached an "alarming level" under the TMC regime.
Raising concerns over women's safety, she claimed that women in the state were not secure despite having a woman chief minister.
Referring to the rape-murder of a woman doctor at RG Kar Hospital, Gupta alleged that the state government had failed to respond adequately to such crimes.
She also referred to the alleged rape of a woman medic in Durgapur and another law student on a Kolkata college campus, claiming that criminals had been emboldened to commit brutalities against women.
She alleged that in crimes against women, overall crime incidents and child marriages, West Bengal remained among the top -- "a slur on a state which once led intellectual and social movements and set examples for the rest of the country," she said.
Criticising the state government's welfare initiatives, she said schemes such as Kanyashree were built on "false claims" and asserted that women needed security rather than assurances.
Accusing the state government of blocking central schemes, Gupta alleged that funds worth "lakhs of crores of rupees" had not reached the poor due to non-implementation of programmes such as Ayushman Bharat, PM Awas Yojana and Jal Jeevan Mission by the state.
"You are only interested in renaming projects and taking credit," she said.
Gupta also alleged that the education sector in the state had been adversely affected, saying several state-run schools had closed due to a shortage of teachers and that the government was opposed to the National Education Policy.
Drawing a comparison with BJP-ruled Delhi, Gupta said, "People have already voted out 'Bhaia' (a reference to former Delhi chief minister Arvind Kejriwal). Now it is your turn to bid farewell to 'Didi'." Calling upon women to resist what she termed "strong-arm tactics", she urged them to assert their strength, invoking the imagery of Goddess Durga.
"Bengal has the right to live with dignity, and women have the right to live with dignity," she added.
Reacting to Gupta's allegations, West Bengal Women and Child Welfare minister Shashi Panja accused her of making "absurd allegations" against the Trinamool Congress government ahead of elections.
Panja alleged that during Gupta's tenure in Delhi, several incidents had raised serious concerns, including reports of missing young women and a blast near the Red Fort.
She also criticised the air pollution situation in the national capital, claiming that people were struggling to breathe.
The TMC leader said that despite being in power for a year, Gupta was making "tall claims" instead of addressing key issues in Delhi.
Panja further alleged that the Delhi CM visited West Bengal during elections to "peddle false allegations" against the state government.
Rebutting Gupta, the TMC said in a post on X said, "Madam why did you go off-script again? For your edification, here are the cold, hard facts: In total cases of crimes (IPC + SLL), Bengal ranks a respectable 15th, far safer than BJP-ruled Uttar Pradesh, Maharashtra, and Gujarat, which languish near the bottom."
"In overall crime rate, Bengal sits comfortably at 28th. Who's second? Your own Delhi. Double Engine Gujarat and Haryana grab 4th and 5th as top-tier crime havens," the TMC said.
"In child marriage, Assam again takes the shameful pole position. And yet you dare lecture Bengal? Stop embarrassing yourself, stop the hypocrisy, and maybe fix the rotting mess in your own backyard before pointing fingers at a state that's outperforming your disasters on every key metric," the TMC countered.
