Kolkata rape and murder case | Protesting doctors who returned to work were not absent from duty, says SC

In Re: Alleged rape and murder incident of a trainee doctor in R.G. Kar Medical College and Hospital, Kolkata and related issues | Day 9

“Not absence from duty”

Today, a bench of Chief Justice Sanjiv Khanna and Justice P.V. Sanjay Kumar briefly heard the R.G. Kar case. This was the ninth time since the Court took suo moto cognisance of the matter in August last year. At that time, the Court had set up a National Task Force (NTF) to formulate a pan-India protocol for the safety of doctors. 

In the last hearing on 10 December 2024, the Court had directed all stakeholders to respond to the NTF’s draft report. The bench had also expressed the intent to hear the case again in March 2025. 

In today’s hearing a Counsel representing the resident doctors in the All India Institute of Medical Sciences (AIIMS), Delhi submitted that protesting doctors were marked absent by the hospital despite the Court’s Order from 22 August 2024. In the Order, it directed that no coercive action would be taken against protesting doctors who returned to work. The Counsel also submitted that other hospitals had abided by the direction and had not marked a leave for protesting doctors who returned to work. 

Initially, the bench suggested that Solicitor General Tushar Mehta look into the matter and solve it. However, after noting that some hospitals had marked a leave of absence while others had not, the Court passed an Order in favour of the doctors. 

The bench observed that the August 2024 Order intended to prevent coercive action against doctors. Therefore, the Chief clarified that leaves would not be considered “absence from duty” in cases where doctors had returned to work after the Order passed on 22 August 2024. 

Senior Advocate Karuna Nundy, appearing for the deceased doctor’s parents, was also present. She withdrew an appeal she had filed in the case after CJI Khanna warned that it contained a lot of “debatable” things. Nundy clarified that the appeal was filed before the conviction of accused Sanjay Roy by the Sessions Court and sought permission to file another application. The Court permitted her to do so. The contents of the appeal were not revealed or discussed in Court today. 

Previously, Senior Advocate Vrinda Grover appeared for the parents of the deceased doctor. Grover withdrew her representation on 11 December 2024. 

Developments outside the Supreme Court

As the suo moto case remains open in the Supreme Court, several new developments have occurred in Kolkata. On 20 January 2025, the Sealdah Sessions Court in Kolkata sentenced the primary accused in the case Sanjay Roy to life imprisonment. 

Following the sentence, both the West Bengal government and the Central Bureau of Investigation moved the Calcutta High Court seeking a death penalty instead. On 26 January 2025, the High Court reserved judgement on the admissibility of the appeal seeking enhancement of the punishment. 

On 28 January 2025, the CBI informed the Calcutta High Court that it received permission from the West Bengal Government to prosecute Sandip Ghosh, the former principal of the R.G. Kar Medical College. Ghosh is accused of financial irregularities in connection with the matter. He was arrested by the CBI in September last year and was released on bail on 14 December 2024.