Kolkata case: SC asks protesting doctors to resume work, says no adverse action if they rejoin duty

New Delhi: The Supreme Court on Thursday reiterated its appeal to the doctors protesting over the rape and killing of a Kolkata medic to resume work and directed no coercive action against them.

The court said judges and doctors cannot go on a strike since they deal with matters involving life and liberty.

"Justice and medicine cannot afford to be stopped. Can we (judges) go and sit outside the Supreme Court now?" the bench headed by Chief Justice D Y Chandrachud asked.

The court was hearing a suo-motu case related to the rape and killing of a post-graduate medic at Kolkata's RG Kar Medical College and Hospital.

As the hearing commenced, a counsel representing the resident doctors of the All India Institute of Medical Sciences (AIIMS) in Nagpur submitted that the protesting doctors are being marked absent and not allowed to sit in exams.

The bench said, "We cannot direct the administration to mark them present when they are absent. If they resume duty, we will order a lenient view." The court requested the protesting doctors to immediately resume their duties so that patients from marginalised sections and other needy people do not suffer.

"An apprehension has been expressed by the doctors that some of them are being proceeded against with respect to protests that happened in the past. We are expecting that in compliance with the assurance given to the court, the doctors will join the duties.

"Let there be no coercive action against doctors after they come back to work after today's order for any protest that happened before the date of today's order," the bench, also comprising Justices J B Pardiwala and Manoj Misra, said.

The Delhi Medical Association told the court that FIRs have been lodged against certain doctors from the AIIMS, who took part in protests.

The court expressed concern over the fact that doctors at the AIIMS have been protesting for 13 days and asked them to get back to work.

On August 20, the court had asked the protesting doctors across the country to call off their strike and resume work.

"We earnestly appeal to all the doctors that we are here to ensure that their safety and protection is the matter of highest national concern. Please trust us, that is why we have not left the matter to the high court.

"We felt that this is not just a matter of a serious offence but it affects the institution of healthcare pan India. Therefore the need for the Supreme Court to take up the matter," the bench had said.

The rape and killing of the junior doctor in a seminar hall of the hospital has sparked nationwide protests.

The medic's body with severe injury marks was found inside the seminar hall of the hospital's chest department in the morning of August 9. A civic volunteer of the Kolkata Police was arrested in connection with the case the following day.

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