SC Pulls up Mamata Banerjee Government for “Tardy Progress” in Security for Medical Staff

Manas Dasgupta

NEW DELHI, Sept 30: The Supreme Court on Monday pulled up the West Bengal government headed by chief minister Mamata Banerjee for the “tardy progress” in the installation of CCTV cameras and construction of toilets and separate resting rooms at medical facilities, even while acknowledging that substantial leads have emerged in the CBI probe into the rape and murder of the trainee postgraduate doctor at the RG Kar Medical College and Hospital in Kolkata.

The bench of Chief Justice D Y Chandrachud and Justices J B Pardiwala and Manoj Misra was hearing a suo motu case related to the rape and murder of the 31-year-old postgraduate trainee doctor.
“No part of work above 50%, why is the process so tardy? We have been monitoring since 9 August,” the CJI said. The bench then directed the state government to complete the ongoing work by October 15.

During the hearing, advocate Vrinda Grover told the bench that the parents of the deceased victim were disconcerted by repeated clips in social media disclosing her name and photos. The apex court said it had already passed an order on this issue and it was for the law enforcement agencies to implement the order. It clarified its earlier order and said it applies to all intermediaries.

The SC directed the Ministry of Electronics and Information Technology (MEITY) to appoint a nodal officer to take down social media posts divulging the victim’s identity in compliance with its earlier directions. The bench also ordered the court-constituted National Task Force (NTF) to submit its interim report on the next date of hearing i.e. on October 14. The NTF was tasked with the responsibility to work out the modalities of safety measures which could be put in place for medical professionals.

During the hearing, the top court bench said substantial leads have emerged in the CBI probe into the doctor’s rape and murder and the financial irregularities. “Who are the people under probe still employed in R G Kar Hospital against whom financial irregularities are alleged,” the bench asked Solicitor General Tushar Mehta, asking the CBI to share the information with the state government for appropriate action.

During the hearing, the West Bengal government alleged that the resident doctors were not performing inpatient department and outpatient department work. Resident doctors’ counsel Indira Jaising opposed the submission, saying that they are performing all essential and emergency services.

Taking on record the CBI’s new status report with respect to its probe the rape and murder, the Bench observed that substantial leads have been gathered by the central agency so far but the CJI opined that it would be inappropriate to publicise them at this stage so as to not hinder the ongoing probe.

Earlier, the top court had directed Wikipedia to take down details divulging the victim’s identity from its platform as mandated by existing laws. The order was issued after Solicitor General Tushar Mehta informed the court that Wikipedia had retained the name and created an artistic graphic depicting the victim, despite the court’s earlier takedown orders.

The rape-murder incident on August 9, 2024, triggered state-wide protests with junior doctors and the public taking to the streets demanding justice for the victim and a safe workplace for medical professionals. After 42 days of the incident, the junior doctors had partially called off their cease work strike on September 21.

Meanwhile, the junior doctors have again threatened to resume their strike following an alleged attack on doctors and medical staff at the Sagore Dutta Medical College and Hospital in North 24 Parganas district. Representatives of the West Bengal Junior Doctors’ Front said they were waiting for the Supreme Court hearing on Monday and would go on strike if the situation did not improve. “We want to give some time to the government. If the situation does not change, we will start a complete cease-work again from Monday evening,” a representative said.

On Friday, the relatives of a woman admitted to the Sagore Dutta MCH in North 24 Parganas allegedly assaulted doctors and other hospital staff after she died at the hospital. The hospital’s medical staff went on strike after the alleged assault.

While four people were arrested for the violence, and the hospital’s security has been beefed up, the junior doctors say that not much has changed after the rape and murder of the doctor at R.G. Kar MCH on August 9. On September 28, junior doctors sent an email to West Bengal Chief Secretary Manoj Pant, reiterating their demands which are “yet to be fulfilled” by the State government.

In the two-page letter, representatives of the West Bengal Junior Doctors’ Forum referred to their meeting at the State Secretariat on September 18 when they say Mr Pant had “verbally agreed” to their demands. The West Bengal government has allocated ₹100 crore for improving the security of State-run hospitals, and announced the ‘Ratrir Sathi (Helpers of the Night)’ initiative to support workers providing services at night.

In another development, West Bengal Congress president Subhankar Sarkar faced ‘go back’ slogans from the agitating junior doctors at Sagore Dutta MCH who said they did not want representatives of any political parties visiting the protest site. Mr Sarkar said he had visited the hospital as an ordinary citizen, not as a political personality. One of the protesting doctors asked the State Congress president with folded hands to leave the place as it was a platform for doctors and health care professionals only.

At a time when concerns are being raised about the safety and security of doctors, Trinamool Congress MLA Humayun Kabir courted controversy by threatening to take 10,000 people to gherao the protesting junior doctors of the Murshidabad MCH in Baharampur.

“They agitate and protest in air-conditioned rooms while the masses suffer on the streets. I have come to know that an FIR has been lodged against me for my previous comments against junior doctors who were on cease work earlier this month,” Mr Kabir said. A few days ago, the MLA had said doctors would face mass protests if they continue to strike work.