Kolkata doctor's case: Protesting doctors must return to work, says CJI

The Supreme Court on Thursday, 22 August, termed “extremely disturbing” the Kolkata Police’s delay in registering the unnatural death of the woman doctor who was raped and murdered at the R.G. Kar Medical College and Hospital. It also asked protesting doctors to resume work and assured them that no adverse action would be taken after they rejoin.

Questioning the sequence and timing of legal formalities conducted by police, a bench comprising Chief Justice of India D.Y. Chandrachud said it was very surprising that the post-mortem of the deceased was conducted on 9 August between 6.10 pm to 7.10 pm before the registration of case as unnatural death.

"How was it that the post-mortem was conducted at 6.10 pm on 9 August and yet the unnatural death information is sent to Tala police station at 11.30 pm on 9 August. This is extremely disturbing," the bench, also comprising justice J.B. Pardiwala and Manoj Misra, said.

It directed the Kolkata Police officer, who registered the first entry about the rape-murder that has shocked the country, to appear in the next hearing and disclose the time of the entry.

Solicitor general Tushar Mehta, appearing for the CBI, told the top court that the most shocking fact is that the FIR was registered at 11.45 pm after the postgraduate medic was cremated.

"State police told parents it was suicide, then they said it was murder. Victim's friend suspected cover up and insisted on videography," Mehta told the bench.

As the hearing commenced, the top court asked protesting doctors to resume work, and assured them that no adverse action will be taken against them after they rejoin.

The apex court was told by the counsel for resident doctors at AIIMS Nagpur that they are being victimised for protesting over the Kolkata rape-murder case.

"Once they get back to duty, we will prevail upon authorities to not take adverse action. How will public health infrastructure run if the doctors do not work?" the bench asked.

“If there is difficulty after that, come to us… but let them first report to work,” it said.

The top court said its heart goes out to all patients visiting public hospitals.

It assured doctors' associations that the National Task Force will hear all stakeholders.

The brutal assault and murder of the junior doctor has sparked nationwide protests. Her body was found with severe injury marks inside the seminar hall of the state-run hospital's chest department. A civic volunteer was arrested by the Kolkata Police in connection with the case the following day on 10 August.

On 13 August, the Calcutta High Court ordered the transfer of the probe from the Kolkata Police to the CBI, which started its investigation on 14 August.