Can't pass order on conduct of elections to various student bodies in Bengal: SC
Telegraph | 17 October 2024
The Supreme Court on Tuesday recorded an undertaking from Bengal doctors that barring eight of them, all the others who had been on cease-work had resumed their duties in the aftermath of the protests launched for ensuring security and other measures in all government hospitals following the murder and rape of an RG Kar medic on August 9.
The apex court recorded the undertaking given by senior advocate Indira Jaising, representing a section of the protesting medics, that except for eight doctors, the others had rejoined work. She submitted that of these eight doctors, who are on a fast-unto-death protest, three of them had been admitted to hospitals as their condition deteriorated.
The State, represented by senior advocate Rakesh Dwivedi and standing counsel Astha Sharma, did not contest Jaising’s statement, in a way acknowledging that the majority of the doctors had called off the cease-work. The strike, in two phases, had severely impacted medical services in Bengal.
However, the bench comprising Chief Justice D.Y. Chandrachud, Justice J.B. Pardiwala and Justice Manoj Misra refused to entertain the plea of Jaising, who sought the court’s intervention for directing the conduct of elections to the various student bodies in the state.
“We are not going to enter into this. This is not the remit of the case. We had taken up this case because it was a very sensitive and serious issue concerning the entire nation. Otherwise, we would be expanding the scope of this matter,” Chief Justice Chandrachud told Jaising when she tried to persist with the argument that no elections to student bodies, including that in RG Kar Medical College and Hospital, had been held since 2022.
The bench told the senior advocate that she could approach Calcutta High Court under Article 226 of the Constitution to seek appropriate directions for the authorities concerned.
The bench, after perusing the status report submitted by the CBI, said the agency had highlighted the probe being conducted for unearthing more details on the rape and murder of the junior doctor besides the various financial irregularities alleged in RG Kar hospital.
According to the status report, the fifth submitted by the CBI to the Supreme Court, the charge-sheet in the case had been filed in the court of the chief judicial magistrate in Sealdah on October 7 for offences under Sections 64, 66 of the Bharatiya Nyaya Sanhita against Sanjay Roy, the main accused in the case.
The CBI said the role of other accused persons is still under investigation as are various aspects about alleged financial irregularities.
Solicitor-general Tushar Mehta also told the court that the CBI was in direct touch with the family of the slain doctor and apprised the judges of the steps taken so far in connection with the investigation.
The ministry of electronics and information technology had also contacted the parents to ensure that information disclosing the identity of their daughter or her family was pulled out from various websites and intermediary platforms.
The bench expressed dismay over the lack of substantial progress made by the National Task Force (NTF) constituted by it on August 20 on the urgent need to formulate protocols to prevent any such incident in the future. The court noted that the task force had not met after the first week of September.
“We are of the view that the Union government must take proactive measures to ensure that task entrusted to the task force is completed within a reasonable period.
“Accordingly, the meetings of the NTF shall be held at periodic intervals. All subgroups must hold regular meetings so that by the next date this court is apprised of the tentative recommendations of the NTF including its subgroups. This exercise should be completed within a period of three weeks,” the bench said in a written order.
The court recorded an undertaking from senior advocate Dwivedi, who appeared for the State, that all ongoing work related to infrastructure measures, including the security set-up, in all the medical colleges will be completed by October 25 and in RG Kar hospital by October 31.