The Supreme Court ordered on Thursday that no coercive action should be taken against doctors who were engaged in protests against the horrific rape and murder at the RG Kar Medical College and Hospital in Kolkata.
The top court's order came in light of pleas filed by various doctors over fears of adverse actions against them by their respective colleges for protests and missing duties.
A three-judge bench, led by Chief Justice of India DY Chandrachud, ordered that a polygraph test of the accused must be conducted before 5 p.m. on Friday.
It said the National Task Force, which was constituted on Aug. 20, would hear the representatives of all stakeholders so that views could be taken from all who are likely to be affected. In order to facilitate the filing of suggestions before the NTF, the Ministry of Health and Family Welfare has been directed to open a portal on its website.
The Central Bureau of Investigation and West Bengal were at loggerheads with each other during the hearing.
Solicitor General Tushar Mehta argued on behalf of the CBI, claiming that everything had changed by the time the agency began the investigation on the fifth day following the crime.
Senior advocate Kapil Sibal, who represented West Bengal, said nothing had been altered at the crime scene and everything was there on video. "We have conducted the entire investigation perfectly and in accordance with the law."
Checking the status report filed by the state, Justice JB Pardiwala said it was extremely disturbing that a case of unnatural death was registered after the post-mortem was conducted. "The post-mortem was conducted between 6:10 p.m. and 7:10 p.m. and the FIR was registered at 11:30 (p.m.) in the night."
The judge added that he had not seen such a state of investigation in the past 30 years of his career.
The case has been adjourned for now and will be taken up again on Sept. 5.
The horrific rape and murder of a resident doctor at RG Kar Medical College and Hospital's campus in Kolkata has sent shock waves across the country.
Several doctors staged peaceful protests following the incident. However, chaos unfurled last week, when a mob entered the hospital campus during protests and vandalised parts of the hospital. The state police's inability to control the violence has come under scrutiny. The apex court took suo motu cognizance of the case earlier this week.
During the hearing, the top court expressed dismay at the way the entire incident was dealt with by authorities and ordered the CBI to submit a status report on the matter. The court also directed the West Bengal government to report on how such large-scale vandalism occurred in the presence of police personnel.
The apex court also took note of the systemic issues pertaining to the safety of medical professionals across the nation and decided to formulate a National Task Force to come up with an action plan for the safety and well-being of medical professionals.
The NTF is required to submit an interim report within three weeks and a final report within two months along with appropriate timelines by which the recommendations could be implemented, based on the existing facilities in hospitals.
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