Supreme Court declines ‘blanket protection’ for protesting doctors in RG Kar case

The Supreme Court on Wednesday said it could not issue “blanket orders” shielding doctors participating in protests over the rape and murder of a trainee doctor at RG Kar Medical College and Hospital, warning that such directions would amount to interference in police functioning.

A Bench of Justices M.M. Sundresh and Satish Chandra Sharma said the matter was being handled in a fragmented manner and indicated it was inclined to transfer all related issues to the Calcutta High Court for consolidated monitoring.

“We are grappling with so many things and there is no end to this. It is easier for the Calcutta High Court to monitor protests. Is it possible for us to monitor protests in Kolkata sitting in Delhi?” the Bench observed.

Responding to submissions by senior advocate Karuna Nundy, appearing for the Association of junior and senior doctors, who alleged that protesting doctors were being repeatedly summoned and harassed by the police, the court said it could not restrict police authority. “How can we pass blanket orders protecting doctors? The police has a right to call you,” the Bench said orally.

The court directed Nundy to submit a consolidated table of all matters currently pending before the Calcutta High Court. The case will be heard next after the winter break.

The trainee doctor’s body was found in a seminar room of the Kolkata hospital on 9 August last year. Civic volunteer Sanjay Roy was arrested the following day and, on 20 January this year, a Kolkata court sentenced him to life imprisonment “till death”. The killing ignited nationwide outrage and prolonged protests in West Bengal.

Even after the conviction, the Supreme Court has continued to oversee ancillary issues, including the regularisation of doctors whose prolonged protests led to unauthorised absence. It had earlier taken suo motu cognisance of the matter and set up a National Task Force (NTF) on 20 August last year to recommend protocols for ensuring the safety of healthcare professionals.

In November, the NTF reported that a separate central law to protect medical professionals was unnecessary, stating that state-level laws and provisions under the Bharatiya Nyaya Sanhita, 2023, were adequate. It noted that 24 states already had dedicated legislation addressing violence against healthcare workers.

The investigation, initially handled by Kolkata Police, was transferred to the CBI on 13 August after the Calcutta High Court expressed dissatisfaction over the police inquiry. The Supreme Court formally assumed supervisory jurisdiction on 19 August 2024.