RG Kar Hospital Rape and Murder Case: SC Directs Doctors In West Bengal to Resume Work and Asks the State to Produce ‘Challan’ on Next Hearing

In a recent development relating to the RG Kar Hospital Rape and Murder case, the Supreme Court (SC) of India today directed the protesting doctors in the State of West Bengal to immediately return to work. The bench of Chief Justice of India DY Chandrachud, Justice JB Pardiwala, and Justice Manoj Misra also directed that if they resume work by 5 PM tomorrow then no adverse action will be taken against them. Moreover, the bench directed the State to ensure that safe working conditions are created at the hospitals for doctors and other medical practitioners. It said, “The State of West Bengal must create steps to create a degree of confidence in the minds of the doctors that concerns regarding their safety and duly be catered to. The police shall ensure that necessary conditions are created for ensuring the safety of all doctors (including provisions for separate duty rooms; toilet facilities; installation of CCTV cameras)..." 

During the proceedings, Senior Advocate Kapil Sibal who appeared for the State submitted “23 Patients lost life due to doctors' protests; 6 lakh individuals denied treatments.” He added that despite the top court’s earlier order (August 22) for doctors to return to work, they are defying it. Senior Advocate Geeta Luthra who appeared for an association of resident doctors contended that they are protesting because of their genuine apprehensions. After hearing the contentions, the CJI orally remarked, “We have given two days. The young doctors must now return and resume work. We know what is happening on the ground... First, return to work.. the District Collectors and the Supdt of Police will ensure safety. You have to now return to work and if you do not come to work, do not hold anyone responsible for disciplinary action against you. You cannot say that seniors are working so we will not.." He added, “Protest cannot be at the cost of duty. If doctors do not resume to work then we cannot stop the govt from taking disciplinary action, We want to ensure that doctors resume work. They are in a system to render service. We will provide facilities but they have to reciprocate.”

Moreover, the SC bench came across a key document necessary for post-mortem and questioned where was the ‘challan’ which was sent along with the dead body, which included information regarding the articles and materials sent along with the body for autopsy. CJI said, “...important because it has a column showing what clothes and articles were sent along with the body. We want to see that.” Furthermore, Justice Pardiwala said, “See the third column on the top, the constable is supposed to carry this (form). It has been struck off. So there is no reference of this challan when the dead body is sent for examination. You need to explain, if this document is missing, then something is amiss.” The bench asked the State of West Bengal to produce the same before the top court on the next date of hearing, September 17, 2024. It also directed the Central Bureau of Investigation (CBI) to file a fresh report on the case.