RG Kar Case: “All essential and emergency services including IPD and OPD…”, Supreme Court Takes Statement from Junior Doctors On Record Amidst Warning Of Fresh Cease Work

The Supreme Court on Monday was informed by the junior doctors through their counsel Advocate Indira Jaising that they have resumed their duties and were performing all essential and emergency services. This came up as Supreme Court heard the suo motu case on the RG Kar rape-murder incident for the fifth time and after the State of West Bengal sought the attention of the bench that while junior doctors have resumed their duties but they haven’t started with in-patient and out-patient duties. Although advocate Indira Jaising objected to the statement by the State but eventually at the insistence of the Supreme Court bench headed by CJI DY Chandrachud, recorded a statement on behalf of the resident doctors that they were now performing “all essential and emergency services, including in-patient and out-patient duties”.

At the backdrop of the horrific rape and murder of the 31 year old RG Kar PGT medical student, the resident junior doctors had undertaken cease work for 42 days demanding punitive action, upgrading the security apparatus at hospitals, and also demanded action against few police and health officials, including the commissioner of Kolkata Police. After hectic parleys between the junior doctors and the state government of Mamata Banerjee, the former CP Vineet Goyal was transfered along with few other officials. The Junior doctors had thereafter announced their partial resumption of duties, catering to essential services. But of Monday, it was confirmed to the SC by the resident doctors that they have resumed all of their services including the IPD and OPD. “While they are doing emergency services, does that mean some boy who had come to the hospital for basic ailment, won’t be treated”, the CJI had asked. Adv Indira Jaising had insisted that they have resumed all of their essential services but later on, on being insisted by the CJI, the statement was recorded claiming “all essential services including the IPD and OPD services”.

The incident of assault at the Sagar Dutta Hospital in Kamarhati last week was raked up before the Supreme Court by Advocate Karuna Nundy representing the association for doctors. While the Supreme Court didn’t indulge into the specifics of the case, the state government claimed that the patient party had assaulted the doctors after they claimed their patient was “denied treatment by doctors”. Since the Sagar Dutta incident, their resident doctors have gone on a cease work. The other junior doctors belonging to the West Bengal Junior Doctors Front (WBJDF) had threatened to go on cease work again, a decision they would take after Monday’s Supreme Court hearing.

The association for doctors and the junior doctors informed the bench about their apprehensions after the people against whom allegations of irregularities have been levelled by them, and if they continue to work at the same hospitals. Both Adv Nundy and Adv Jaising insisted if they could be suspended or temporarily sent on leave impeding the inquiry in order to instil confidence amongst the junior and resident doctors. While the court didn’t pass any order, as was desired by them, rather had asked CBI to file a status report on the names under the scanner and the merits behind the allegations against them. The Apex court had also asked the names be shared with the state government. “After all the action has to be taken by the State government”, observed the CJI. The State's counsel, Advocate Rakesh Dwivedi, said that if the CBI shares preliminary information against such persons, then the State would be ready to take appropriate action against them.​