Writ Petition has been filed in the Supreme Court seeking direction for ensuring protection for doctors and health care professionals, Improved working conditions and safety working environment.
A Writ Petition in Public Interest has been filed before the Hon'ble Supreme Court of India by Advocate Govind Jee through Advocate on Record Omanakuttan. K. K. seeking different directions including protection to Doctors and health care professionals, better working environment, safety at work place etc. The writ petition also seeks direction to the Central Bureau of Investigation to complete the investigation rape and murder case of Kolkata Doctor in a time bound manner. The Writ Petition has been registered as W.P.(Crl.) No. 000351 / 2024.
The Hon'ble Supreme Court had suo motu registered a Petition SMW (Crl) No(s). 2/2024, In Re: Alleged Rape and Murder Incident of a Trainee Doctor in R.G. Kar Medical College and Hospital, Kolkata and Related Issues. The Hon'ble Supreme Court listed the matter on 20.08.2024 and passed various directions and listed the matter for further hearing on 22.08.2024. The Writ Petitioner through Sr. Advocate Sanjay Hegde had appeared in the said matter also and sought some directions which the Hon'ble Considered favorably.
Main Prayers in the Writ Petition are:
Therefore, in the light of the submissions made hereinabove, it is most respectfully prayed that this Hon'ble Court may be pleased to grant the following reliefs to the Petitioner herein:
a. Issue a Writ of Mandamus or any other suitable Writ, Order or direction thereby directing the Respondent, the Central Bureau of Investigation to conclude the investigation of the present case in a time bound manner, duly monitored by this Hon'ble Court; and
b. Issue a writ of mandamus or any other suitable Writ, Order or direction for providing protection to the family of the deceased and witnesses to the crime and/ or other individuals who may have relevant or pertinent information with regard to the alleged incident; and
c. Issue a Writ of Mandamus or any other suitable Writ, order or direction for a central legislation providing adequate safety to doctors and health care professionals, including time bound investigation in cases of violence and compensation to the health care professional; and
d. Issue a Writ of Mandamus or any other suitable Writ, Order or direction for ensuring adequate and safe working conditions for doctors across the country, including balanced working hours at a stretch, safe and adequate rest rooms and washrooms for doctors and health care workers on duty; deployment of CCTV cameras at the entry and exit points of the hospital and other conspicuous places of the medical college (or hospital) concerned and deployment of a responsible police officer from amongst the police officers on duty at the jurisdictional police station concerned, to aid and assist the doctor(s) and the health care professional (s) in distress within effectively zero turnout time; and/ or
e. Issue any other appropriate writ, order or direction as the nature and circumstances of the present case may require.
Interim Prayers are:
In the light of the light of the Grounds for interim relief hereinabove, it is most respectfully prayed that this Hon'ble Court may be pleased to grant the following interim reliefs to the Petitioner herein:
a. Issue a Writ of Mandamus or any other suitable Writ, Order or direction staying operation of the order issued by the Commissioner of Police, Kolkata on 17.08.2024 prohibiting assembly of five or more persons; and/ or
b. Issue any other appropriate Writ, Order or direction as the nature and circumstances of the present case may require.
Grounds of the Petition are:
A. There have been serious lapses in the investigation which clearly demonstrates an attempt to shield the accused on the part of state in a concerted manner with the involvement of local police. Some of the glaring discrepancies and cover-ups include the following which make a case for transfer of trial to the Central Bureau of Investigation and require monitoring of investigation by this Hon'ble Court. Some of the facts indicating serious lapses in the initial investigation undertaken by the state government may be summarised and highlighted as under: -
i. Parents of the deceased trainee doctor were initially informed that she was unwell. They were later informed that she had committed suicide. It was only after several hours from the time of death that the parents were first informed about anything to do with their daughter.
ii. The police initially registered the horrific incident as a case of unnatural death as Case Crime no. 161 of 2024. It is pertinent to mention here the state in which prosecutrix was found and nature of injuries found over her body.
iii. According to the news report(s), there was bleeding from both her eyes and mouth and injuries over the face, nails, belly, left leg, neck, right hand, ring finger, and lips. The autopsy report also stated that the victim was bleeding from her private parts as well.
iv. Therefore, the state in which deceased trainee doctor's body was recovered did not indicate an attempt to commit suicide under any circumstances.
v. The suspicious construction activity was started near the place of occurrence with an attempt to tamper evidence. It is submitted that the case made it to the national news in matter of hours, there was lot of commotion near and around R. G. Kar Medical College & Hospital, Kolkata so such construction activity was clearly an attempt to compromise the evidence at place of occurrence.
vi. That as per various news reports, the case diary handed over by the police to CBI had its pages removed or dismantled.
B. There was attack by mob of around 50 people (out of around mob of 7000 people) on the supervening night between 14th and 15th August which had the sole aim of vandalising and destroying the evidence at place of occurrence. The state police which was heavily present at the time hospital was attacked by the mob conspicuously allowed the mob to destroy the evidence at the crime scene.
C. The Hon'ble Supreme Court has the occasion to deal with cases of varied nature and also dealt with the issue of monitoring of investigation by the constitutional courts. A two-judge bench of this Hon'ble Court in Shahid Balwa v. Union of India & Others reported in (2014) 2 SCC 687 observed and held that "29. Monitoring of criminal investigation is the function of investigating agency and not that of the court - either of the superior court or of the trial court. But unsolved crimes, unsuccessful prosecution, unpunished offenders and wrongful convictions bring our criminal justice system in disrepute. Crores and crores of taxpayers' money is being spent for investigating crimes in our country since every such incident is a crime against the society. When the persons involved in the crime wield political power and influence, the possibility of putting pressure on the investigating agency, which is no more independent in our country, is much more. Common people will be left with the feeling that they can get away with any crime which tarnishes the image not only of the investigating agency but judicial system as well. Once investigation fails, court will face with a fait accompli. Proper and uninfluenced investigation is necessary to bring about the truth. Truth will be a casualty if investigation is derailed due to external pressure and guilty gets away from the clutches of law."
D. A three judge bench of the Hon'ble Supreme Court further in the case of Romila Thapar and Others versus Union of India and Others, reported in (2018) 10 SCC 753, observed and held as under:-
"69. Besides the jurisdiction to order the constitution of a SIT,
the proceedings of this Court are replete with instances where an
investigation has been monitored under the authority of this Court.
In Vineet Narain v. Union of India [Vineet Narain v. Union of India,
(1996) 2 SCC 199: 1996 SCC (Cri) 264], this Court in the context of
the widely publicised Jain Hawala transactions case ordered a
court-monitored investigation to ensure that government agencies
discharged their duties and functions bearing in mind the tenets of
equality and the rule of law. In doing so, this Court emphasised the
need to retain public confidence in the process of investigation. In
Babubhai Jamnadas Patel v. State of Gujarat [Babubhai Jamnadas Patel
v. State of Gujarat, (2009) 9 SCC 610 : (2010) 1 SCC (Cri) 79] , a
two-Judge Bench, while noting that investigation of offences is
normally the function of the investigating agency emphasised that
where extraordinary facts or situations are involved, it is the duty
of the High Courts and of this Court to intervene to ensure that the
rights of citizens are duly protected : (SCC p. 619, para 46)
"46. The courts, and in particular the High Courts and the Supreme
Court, are the sentinels of justice and have been vested with
extraordinary powers of judicial review and supervision to ensure
that the rights of the citizens are duly protected."
70. In Centre for Public Interest Litigation v. Union of India
[Centre for Public Interest Litigation v. Union of India, (2011) 1
SCC 560 : (2011) 1 SCC (Cri) 463] , a court-monitored investigation
was ordered in a public interest litigation which focused on the
need for a thorough and impartial investigation into the 2G Spectrum
scam. In Bharati Tamang v. Union of India [Bharati Tamang v. Union
of India, (2013) 15 SCC 578 : (2014) 6 SCC (Cri) 566] , this Court
held that in an appropriate case, or when exceptional circumstances
have been made out, the jurisdiction under Article 32 can be
exercised to constitute a SIT or to transfer the investigation to a
Central agency and monitor it, or even to order a de novo
investigation into criminal cases."
E. Based on the ratio of the decisions of the Hon'ble Supreme Court
and considering the facts of the case, the political nexus of the
perpetrators of crime, it is necessary and paramount that the
Hon'ble Supreme Court monitors the investigation of the present case
in order to ensure that the investigation team is given a free hand,
and to ensure that the investigation is meaningful, fair and with
integrity. Furthermore, in order to instil public faith and
replenish the depleting and eroded public confidence in the
investigating agencies, as it happened in the present case, it is
necessary that this Hon'ble Court monitors the investigation of the
case.
F. The order dated 17.08.2024 issued by the Commissioner of Police, Kolkata prohibiting assembly of five or more persons, has a direct impact on the ongoing peaceful protest(s) and the said order illegally prohibits peaceful assembly and march conducted by the doctors and agitating masses. It is stated that the Constitution of India, particularly Article 19 guarantees to all the citizens of India rights to assemble peacefully and without arms. This Hon'ble Court in Anita Thakur & Ors. versus Government of J & K & Ors. reported in (2016) 15 SCC 525 held that holding peaceful demonstration in order to air grievances and to see that peoples voice is heard in the relevant quarters is the right of the people. Such a right can be traced to the fundamental freedom that is guaranteed under Articles 19 (1) (a), 19 (1) (b) and 19 (1) (c) of the Constitution of India.
G. The Respondents have failed in their duty to enact a central legislation providing adequate safety to doctors and health care professionals, including time bound investigation in cases of violence and compensation to the health care professional in tune with the amendments made in the Epidemic Diseases Act, 1987 more particularly the Epidemic Diseases (Amendment) Act, 2020.
H. The Respondents have failed to provide adequate and safe working conditions for doctors across the country, including balanced working hours at a stretch, safe and adequate rest rooms and washrooms for doctors and health care workers on duty; deployment of CCTV cameras at the entry and exit points of the hospital and other conspicuous places of the medical college (or hospital) concerned and deployment of a responsible police officer from amongst the police officers on duty at the jurisdictional police station concerned, to aid and assist the doctor(s) and the health care professional(s) in distress within effectively zero turnout time.