The Supreme Court on Wednesday declined to issue "blanket orders" shielding doctors participating in protests following the rape and murder of a trainee doctor at Kolkata’s RG Kar Medical College and Hospital.
A bench comprising Justices MM Sundresh and Satish Chandra Sharma said that granting such protection would amount to interfering with police authority.
Noting that the matter could not be examined "piecemeal", the court indicated it was inclined to transfer the proceedings to the Calcutta High Court.
"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 the protests in Kolkata sitting in Delhi? "How can we pass blanket orders protecting doctors. The police has a right to call you," the bench observed orally.
The court asked senior advocate Karuna Nundy, representing the association of junior and senior doctors, to prepare and submit a table listing all matters pending before the Calcutta High Court.
During the hearing, Nundy argued that protesting doctors were being harassed by police and repeatedly summoned for questioning. She sought directions from the Supreme Court to ensure protection for the medical professionals.
The case will now be taken up after the winter break.
The body of the postgraduate trainee doctor was discovered in a seminar room at the hospital on August 9 last year. Police arrested Sanjay Roy, a civic volunteer, the following day. On January 20, a Kolkata trial court sentenced Roy to "life term imprisonment till death". The brutal crime sparked nationwide outrage and prolonged protests across West Bengal.
Even after the primary conviction, the Supreme Court has continued to oversee several related issues, including the regularisation of unauthorised leave taken by doctors.
Acting on its own motion, the bench set up a National Task Force (NTF) on August 20 last year to draft a protocol for safeguarding medical professionals.
In November, the NTF submitted a report—filed as part of the Centre’s affidavit—stating that a separate central law to protect healthcare workers was unnecessary. It said existing state laws were sufficient to deal with minor offences, while more serious crimes were covered under the Bharatiya Nyaya Sanhita, 2023.
The task force also noted that 24 states had enacted laws defining "health care institutions" and "medical professionals" and addressing violence against them.
The case, initially handled by Kolkata Police, was transferred to the CBI on August 13 after the Calcutta High Court expressed dissatisfaction with the original investigation. The Supreme Court later took over supervision of the matter on August 19, 2024.