Supreme Court to West Bengal doctors: End strike or face action

The Supreme Court on September 9 urged striking doctors in West Bengal to return to work by 5 pm on Tuesday, September 10. 

The top court also warned of disciplinary action if their boycott continues.

The court's directive aims to ensure that medical services are not disrupted and patients do not suffer. 

The matter is being heard by a bench headed by Chief Justice DY Chandrachud, comprising Justices JB Pardiwala and Manoj Misra pulled up the West Bengal government over its handling of the case, questioning the 14-hour delay in filing the FIR. 

They also flagged that a key document required for the autopsy was "missing".

The Chief Justice asked, "Where is the challan of the body when it’s handed over for post-mortem?"

Solicitor General Tushar Mehta, representing the CBI, informed the bench that the challan was not part of their records. "It’s crucial because this column contains what other material was sent along with the body," he said.

He added that, in the absence of the challan, the post-mortem doctor cannot accept the body. The CBI also did not have the challan.

"How was the post-mortem carried out in the absence of a formal request?" the Chief Justice asked.

The court also sought clarification on the timing of the unnatural death report in the rape and murder case of a trainee doctor at Kolkata's RG Kar Hospital, following the submission of a status report by the CBI.

Senior advocate Kapil Sibal, representing the West Bengal government, informed the bench that the death certificate was issued at 1:47 p.m., while the police registered the entry of unnatural death at 2:55 p.m.

However, Solicitor General Tushar Mehta, appearing for the CBI, countered, stating that according to records, the report was filed at 11:30 p.m.

The CBI flagged the forensics report as a key issue, questioning who collected the samples. The agency plans to send samples to the All India Institute of Medical Sciences (AIIMS) in Delhi.

Reading out from the forensics report, Mehta said, "When the body was recovered at 9:30 a.m., jeans were removed, the body was semi-nude, and there were injury marks on private parts."

The CBI counsel also pointed out discrepancies in the handling of evidence, noting that blood samples were not stored at the required 4 degrees Celsius, and stressed the importance of the first few hours in a rape and murder investigation.

The Chief Justice responded, "That’s why we asked if you have the complete CCTV footage or not? Who else entered after the accused exited?"

Sibal maintained that everything was video-recorded, with a judicial magistrate as a witness.