check Chi ch ch e e e e e e e with your lot ship's permission yeah I mentioned uh this is a batch of about 10 to 12 matters yourip these are small home Chine uh trolley holders in various Railway stations across India I'll get L it's after notice your lot ship has indicated we fil some matters yesterday also fresh matter there were fresh matters your L come up right away your lot we requesting for a listing tomorrow because your lordship they're receiving notices for eviction on 26 27th on the 27th your lordship they've received notices for closure on on eviction on 26 27th your they're only bothering of closures is 27 eviction eviction your small in the morning on the 27 tomorrow is a very heavy day so 27th it will come up I've already very twice directed A matter in July and second of August didn't come now it is showing happily on 27th August please don't delete it permission may I mention a fresh matter when when did you send it yesterday so it's probably already listed content coming that's the wait it it be listed every is yes have fresh matter it's coming up on 20th of September would my LS please SCT not to be deleted on that dat may I just pass the details of the just make sure that somebody all the email Advocate on record's name may my the email has been sent by Advocate on record again day before yesterday what's the name of the myw is Amir arala my apologies myship said some of the chief secretaries of states which are defaulted on payments of pension and allowances tomorrow yes your L also ask me to give a list of those Chief secretary those states which have actually complied copies just one second the defaulting stage there's also request to appear online number of applications have been just [Music] this the chief secretary the states which have not complied they have to be present on they have to be present here we have said they have to be physically present those who have complied how many have complied between that order and today now the others have non complying I mentioned in my list yes others others have compined others have compined who I they have not comped Tamil Nadu madha Pradesh Andra West Bengal chattis Gad Delhi Assam nagaland meal Himachal jnk ladak jarand Kerala Bihar Goa harana orisa those people have not complied they have not complied they have not complied comp they have to comply no substantial comply by tomorrow make sure that they comply other ask them to be here no no no they have to be personally present here other issue a non-bailable warrant there's no going back on that order they have to have given enough time they have to comply pay by this evening they have to there's no substantial here there are 100% compliance that's why we've given enough time we have been given time we have been giving time from 27th of July 22 19th May 23 for January 2024 therefore we have directed personal presence and ultimately and what is not being paid the are of salary and allowances to our district judiciary [Music] 9 that's my instruction whatever call State tomorrow we'll see com it come up on the 27th right 27 27 27 we'll take it up and then we will call out each state separately and see what the compliances let them be present before us we'll see mention may I mention on behal of the as Doctor resid Lord NP on account of they being participating in the agitation and protest Lord now they are being victimized Lord on one ground or the other being marked absent they were they were they were doing the emergency duties Lord but because they were participating in the are they are they are they at work if they're not at work they'll be marked absent how can we ask them to do something not allowing in the exams in one way or the other if if a lenient will be taken if a lent will be taken duty if they're on duty they will not be marked absent if they're not on duty the law will have to follow its cause how can we tell the administration to take up to write something which is not correct not with respect to the exams and all that l the the lenion will be taken Lord because because of this reason Lord they were on protesting or or on stri that's all right ask them all as them to First return to work once they return to work then nobody's going to take any adverse action against the doctors all come back to work word from your lordship will work L for them let them first come back to work and then if there's any difficulty just talk to us in the court here we'll make sure that there's no adverse action against the doctor very we quite see that they were all upset about the fact that there was a very serious incident which to place but let them first report to work and then once having report they reported back they have reported back they reported Back N reported back the resident doctor they have joined the on of Fu and CH the lordship there uh lordship in PGI chandigar they are going in for a rally for two hours in the morning but they're doing all their duties but for nine days their CL has been deducted now from the leave so so that is a victimization you also have to write the research papers and I don't think you know somebody like Dr VI L he's the director at PGI chard that you will do anything which is amount to victimization I'm only saying ultimately the directors of these institutions he made they also have their heart with the doctors but they in a situation where poor people who come to those institutions cannot be left behind in the Lurch yes that they take appointment two years before the actual date and then suddenly you're told that you will not be attended to let them all resume work and I'm sure the directors are all very seasoned directors who spend their life in these institutions they're not going to do anything against the right now the notice is the notice that they have been given is that since or for nine days you've been on the rally so we are deducting your nine days of casual leave we we we'll we'll pass some general order yes yes pass some general order on that I make rest assured please rest assured that once the doctors as we hope resume Duty then we will prevail upon the authorities not to take any uh ad adverse but they must first come back to duty for the simple reason otherwise people people who need the services the most are deprived of their services that's the only concern how does the public health infrastructure run but the doctors don't resume work right now first let's have the status report we first want to see these are the three copies but I believe the anguish of the doctor is correct but having come from your lot ships and assurance that your Lordships are looking into it m I think that should satisfy M with the Assurance of no adverse action we are absolutely grateful to your that have intervened we have not been heard at all our grievances are at the Forefront because we are facing the brunt of this whatever the reason why we constituted such a broad-based committee is we have specifically said that the committee shall engage with all stakeholders including that will include the resident doctors so please assure them please assure them that the committee that one second M please assure the resident doctors they all our young doctors that they will be heard by the uh heard some representation but tell us one thing we can hear you Mr Mr we hear you for half an hour we are not going we are not the committee you have be heard by the committee yes what we were requesting some Association whatever your some representative from the resident doctor Association if they can be a part of the committee Sor I'm not saying uh you see please understand leave it to your have thought through this very carefully if we start now asking for the representative of various stakeholders to be a part of the committee that becomes an impossible process because you know the committee's work will then get dislocated you know what happens you have such an experience yourself at the same time you're conscious of the fact that the primary concerns of the doctors the nurses the paramedical staff there's a has to be taken into account by the members of the committee you know for two things that on the committee we are very very senior women doctors on the committee the doctor doctors who are on the committee are people who have worked for a long time in their life as part of Public Health infrastructure so therefore what we have expected the committee do is that the committee will hear these various stakeholders namely the uh the the interns the uh residents the senior residents uh representatives of the nurses the other paramedical staff uh so therefore you know there in a hospital there are huge number of stakeholders the committee will ensure that it is here representative hold on in fact I taken instructions I represent about 30,000 doctors please and you know Mr please tell them please tell them that the committee will definitely give them a hearing we'll reiterate that in our audit today you will certainly your point is well taken we make it absolutely Mr Kamar uh we we grateful to you actually for uh personally because you know we our hearts go out to all those people who have to go to public hospitals so we will make an observation that the committee would hear all stakeholders including the resident doctors Association of course not 30,000 doctors but a representative and and and an appointment can be given to them when the committee assembles that the committee can because your state is very high and your inputs are very valuable so please assure the resident doctors that we were now passing an order that the committee will give them a representative voice in putting forth their grievances their working condition so on and so forth s suggestion call off there protest we will also say that can and then yes I appear for the Delhi Medical Association we filed a r petition in 2022 raising the same gance this court says as and when any incident happened we are grateful to lot lot could so otherwise we were contemp to file there's a Judicial order any order any incident happen then you come to us now we are the association of 110 years old as m k has said milot there's a being a part of the committee can I we just suggest one thing you know in such a large M we have to bring some order to the order to the order also which we pass please um if all of you who are intervening for various bodies yes can give on a on a slip of paper yes name of the body yes and whom you represent you will put that in our order understand so that you know your clients have that assurance that look the Supreme Court is also facted inre I understand that will be very useful then we will say that out of these uh the committee may take an appropriate decision on engaging with the representative all that we were saying a lot the committee constitute of a very respectable person lot has chosen them but some representation from the associations those who face dayto dayot problems being a making representation to the committee and being a part of the committee would be a little we have been hesitating this L thinks it appropriate respon two more aspects two more small aspects lot has flaged about 11 issues which the committee will take into account two more aspect if you L can kindly consider that one is the the distress call we mentioned it day for yesterday L said it will part of the order I have seen it is this called system which is available on drop on on a on a on a on a watch on a mobile that can also be a part of it secondly institutional Affair what has been happening here the parents has to go the relatives to go there should be an Institutional Affair within two hours of a cognizable offense if that also comes to your is part of the order and finally Lord the tracking of Lord we have done cases 10 years back the trial is still proceeding in 2016 Lord a person was murdered a doctor was murdered inside the hospital M at a point blank range nothing happened there was a widespread agitation the chief minister said there there are similar matters pending in this sport if lot expedite that OB to obate you know handing over slips but we go go about in a very systematic way yes Mr is appearing for wh of your L writing down let let us give it it be easier for us it doesn't look good also all right what we are doing is we are just circulating a sheet of paper if you can all just as we are going along with the matter right it so we'll examine that and we'll put your names down I had made a request looking into it there is no sop on the hours of the doctor of course we said that it is a specific one one second one second one of the points which you know that one par where I say this is a nonexhaustive list it specifically says that they have to they made to work for 36 hours and and and one more thing we have said we have referred to working conditions in general which includes the work so please assure the doctors we are as concerned about them that they have to work for 36 hours yes all of us have also had family members relatives we have gone to public hospitals yes I have slept on the floor of a public hospital when somebody in the family was not well so we have gone through that and you see you observe all of them working for 36 hours but we would also not like we would not like a doctor who has not slept for 30 hours to treat us because let just explain what happens in the hospital because I've been I have doctors in the family and also people studying in the medical colleges what happens is that the senior who are the 30 year students of PG PG courses they are the one who assigned Dy 12 to 24 hours and then therea you are given a rest for 2 to three hours again you are called back on duty the junior doctors are the one who prepar the discharge summary and the discharge summary is prepared by them so the workload is then again 2 three hours so it is almost 48 Hours it is not even 36 hours so my humble submission is that you are neither in a physical state or a mental state at that stage to even resist if somebody is teasing you I'm not even on the bigger sexual assault I'm not on that because because there are there are many incidents you know if you look at our order yes sorry Miss Kum you know what if you see our order yes if you see our order we have in fact highlighted this very aspect that there is a certain hierarchical nature of the workplace in a public hospital or any hosital hospital so when we have referred to that and we have said because of the hierarchical nature doctors including Junior doctors are susceptible to harassment not just sexual harassment but different kinds of harass so uh we have specifically referred to this but now that you have mentioned it in our course of our order in a brief order today we will add to that as well no difficulty your your point is perfectly well taken so please small point to from a family of doctors is that the counter to that of course is the fact that um there are lots of peer reviewed studies to say that continuity is an important is important now obviously doctors can't be treated like this in light of that so the committee should look into it and propose something that there is another I'll tell you one thing we have got so many emails I've been flooded with emails which I've been reading to the extent humanly possible there's another Viewpoint also that look if you have doctors only on duty for eight hours then the purpose is that the doctor must be able to see the evolution of the patient so that patient is there overnight then your duty hours May extend beyond data so that you see that what is the development in the case of the patient between the time you entered the time you exited but we we are not going to make any comment on that 48 Hours of Duty or 36 hours of Duty is a little too is uh is it's not human may I say I'm representing the kg car medical Junior resident doctors they are still RG car and M they by the way J Rish pointed out to me in another CB yesterday that you kept on saying car car car is for so I said well I apolog one crucial thing so can I speak canting one crucial thing all doctors Lord which your Lordships have constituted in the committee they have passed through this very phase that they are aware of the problems so M Lord I'm just saying that they are still terrorized they are still in fear they are saying our senior residents are back at work we'll give it to the registr General in a sealed cover the names of the people they're about 70 uh junior residents and they are interns and they are still feeling Terri ized they are threatened they are actually being targeted in the hospital but terrorized by whom because this is a serious thing and K Medical Hospital instead ofing them here let them be given to me I'll ensure cisf to do the needful but we have to have their names in sealed cover because those who've spoken up are feeling targeted already and they have a timeline of videos they have taken targeted by don't give us names but targeted broad officials my lords by goons I am for 20,000 doctors in Kolkata Ms some of many of work possibly a hint of by members of the administration by people who are in the hospital we'll take note of that there's one more submission your lordship there is one there's a last submission your lordship I want to make can we have a compensation distress fund for the victims and the disease of the family created by the state so that when at the time of the crisis of this kind of a situation they can be also get a compensation system like what we have done in the Naya case your lordship all right let's just see the status report for a moment us one moment permission us should be should we post on the filing e filing the suggestions of the pointers that we have because it is anonymity which the resident doctors and interns from different places they're requesting because the direct impact is on them and their mental state is terrible there is also a survey report of national medical Council which says that 28% Tak there should be a portal where where suggestions can be given to the committee even anonymously without disclosure of identity yes Point well taken after the status report could we have one minute on the sit my lords we are representing five associations of doctors and the difficulty is that there is an Institutional compromise with regard to the financial regularities and the rap this here's why there were the same gentleman who was the head of Dr shund Goos who was head of this s Core Medical College also for example commissioned um asked for CCTV cameras for 14 lakhs to be rented now had he bought those CCTV cameras they would have been there it would have been a deterrent and there would have been better accountability an sit two days ago was uh and I have the notification here my lords an siit was set up by the West Bengal government um to look into these irregularities by the same person yeah and they that only constitutes officials of that are under the control of the West Bengal government but would your lordship consider having the status report form is so powerful my Lord been in the nurses case he was the IG consider the report first right with regard to the S just to close that let's see the report then we will come back to you on the we've also filed our report everybody can just hold their patience for two minutes let's quickly run through the two SI two two stat report the the states report was not called for but they have asked enely for in the order why did myar say that I thought we for the of course the order page 10 in fact I might if you're give me a minute I I don't want to interfere we just quickly run through this then come back to you in a moment step by 10 par 7 but before that we have narrated the facts Etc which broadly a lot are aware so I'm not and I'm obviously not reading L May read from par 7 date and time May kindly be taken note of eventually we have this is very very preliminary finding but we have recorded some flag some issu I'm just ask if they have a spin copy every it's e e e e e e e e e e e e e e e e e e what of the uh of the accused which report sorry the injury report the medical examination report of the accused of the accused our difficulty I think given it last time but yes yes we have we have the case we are not supply difficult part of the case diary they have it it's part of the case diary only a minute Mr if you don't mind flag it for us and sure sure only one thing I did not know that there is some report because our difficulty was we entered on the fifth day uh and there before that whatever was collected by the local police we were given and our investigation starts that is itself a challenge by itself because the scene of offense is altered everything is Lord even the everything is videograph nothing is altered everything is videograph without knowing anything is vide yes is not is not vide because the crime is memo is there C memo is there the crime is detected memo is there the most shocking fact I'm not making this com most shocking fact the fir is registered after cremation at 11:45 night first the the the parents are informed that she's not well by the deputy superintendent when they reach they say that she is she has committed a suicide thereafter they say that it appears to be a death the fortunately the young doctors the colleagues of this deceased girl victim they insisted that we want videography we want this this is suggestive that even they were suspecting some C up so they were also trying their best let's just see the the medical examin yes postm done in the same hospital was also done in the I don't want this is this is entirely accusatory I don't want to you contradict my learned friend but the record will show what happen one more fact it may and we have a note on timel exactly what time what happened veruna three people this e in this it's there what we page Mark the page we'll mark the page and also I have a timeline m as to each minute what happened can just give us the page of the PMR so we don't have to I can give PM I have handy you have the PM yes sir that is provided to us by the that was by the local police it was given to us just flag it we saw it yester report to 202 of our status report this has the flagging also whatever your lot would like to that can't change in any case postmortem is postmortem diary page 13 of the case diary yes and my Lord our status report also has it page 202 you e e e e e there is one more if we don't one more aspect which is brought to my notice by one young lawyer m repr presenting someone I'll not right now diverge the identity of the person but he seems to have filed e behind uh I have received my Lord the director has received and today the Learned Advocate gave me a copy just the part which I have marked I would not have troubled your loses with this but for the fact that the person who has Lord brought this has filed this complaint in 2023 so it can't be discarded as something afterthought or some out of some personal give us a copy please and the next page also can I have a copy it's a formal complaint it would be public record no right the complaint was made in 23 that's what he say no this is given to the director yesterday but he mentions that the complaint which is mentioned there the allegations were made by him and Sim anex B they were he made these allegations in 2023 in writing addressed to many people many officials yes yeah so there's only there's one aspect which is extremely uh disturbing GD entry in regard to the unnatural Deb is recorded at 10:10 in the morning that's correct right so at 10:10 the the police station in this case the T tala tala police station PS is informed that 1010 that there's unnal yes not withstanding all this the securing of the crime scene and other the seizure and everything takes place at 11:00 11:30 in the night no no no that's why I've got timel this is a bit unfortunate I'll just give you the timeline exactly doing up to but kindly kindly I've given minute by minute what happened M we have a timeline prepared for your laes MERS and it's backed by videography it's not M something that we are saying can I be shared with the timeline at yes yes we'll share I wish I wish you had asked shared what you passed on to the give it reest to give you not given I believe I getting Kata police e e can't hear your La properly as for the autopsy report yes the autopsy was conducted in the evening hours of 9 no no on 9th on 9 9th a yes now the GD entry yes of unnatural death case was recorded on 2330 hours on 9 that is 11:30 that's for the f f UD case was in the morning M 1:47 p.m. for the report submitted to us no that's why I have the timeline M just better your I give it to my LA 23 is the f one second allow me right the SC of crime the including inquest Caesar and autopsy were carried out mentioning the GD entry number 542 dated 98 2024 now this GD entry was made 861 and 8 case number 861 may I with your laes permission allow me to place the timeline before your laes given minute by minute as to what happened there is kind hold on just give it to my L please Mr Cil yeah just tell us from your record at what time the postmortem was performed yeah I tell you from your record yes yes that is for the time being 610 to 7:10 p.m. in the evening yes correct correct when you are taking the dead body yes for the purpose of Performing postmortem yes is it a case of unnatural death or not if it is not a case of unnatural death why do you have to perform the postmortem this yes just just so that you can respond to sorry sorry there are so many questions yes yes I our mind right right and we have the best of the assistance in your form when you start performing the postmortem that means it is a case of unnatural death no doubt about it postmortem starts at 181 hours yes it comes to an end at 1910 hours yes what was the idea in registering UD at 2330 hours that's the F that's not the no sir no sir just just just listen to us I'm sorry I'm sorry either you are right no no or f f you have to answer your lordship's question m without interference please you can just certainly the records reveal yes subject to what you have to further point out to us correct UD case number8 8 61 of 24 of police station tala was registered at 2330 hours on 9th August 2024 vday GD entry number 576 and the FI number 52 of 2024 was registered at 2345 hours is this record correct well may I therefore point out to your lordship just take the timeline we referred everything here according to your record the ud was registered at what times 1:45 p.m. 1:45 p.m. no that's that's not true that 1:45 p.m. how do we reconcile the two records well I'll show that to you because we today have a report but that I'm saying which indicates that this is the time so therefore it's very surprising postmortem precedes registration of UD this is what I'm told told M and I can I can only someone responsible there to assist yes yes certainly certainly M if any officer is present you may speak to him and tell us because if this is the fact then it is something very dangerous I agree with I agree let me just is here please I may beg my lords to point out one thing the just a minute let certain un will get answer tell him to make a responsible statement he should not make a rash statement of course not no question tell no question about this let's kindly see page four of the Diary I what time is this can I have a timeline please hold on hold on I handed it to the you have not given I have been requesting since I don't know why you are interfering sir I not even given it to the court just a minute just a minute allow me to answer the court please there are three four questions answer each one and we can't be we have to make sure that what we say is right what time is this yes that yes kindly see mother kindly see page four of of the case diary it give some indication as to what happened yes it says UD UD case number 861 of 24 was registered at what hours 145 from where you get this mention mention mother from where do you get trying to make sure that that's common that's be careful all right as long as we get the correct answer no problem our reports are based on the case diary they have given to us just a minute Mr Sol General they are expected to reply to our question why it takes so much of time just show the time on the document that's all all that you need to do is refer to that document tell us at what time UD again I'm repeating 861 of 24 was registered yes has to be in the case diary docent is here we can't possibly my Lord is asking just something yes when we take up this matter on the next date yes keep a responsible police officer yes present here yes yes absolutely who had done who had carried out all this exerise yes we'll do this he should be able to tell us yes yes till this point of time we have not got the answer what time it was registered no my Lord is right but but what time is this no the question is Mr M kindly see quite frankly I'll have to construct this for your lordship for example I mean page two of the case diary the ud case requisition of the of the magistrate for inquiry just m kindly see requisition for inquest can you tell us at what time the inquest punchnama was drawn yes we'll just tell you that that also we have in Timeline 42 42 to 40 40 p.m. 420 440 p.m 4:40 p.m. and now the record reveals the report which we have in our hand that UD was registered after the inquest panchama after the postmortem that was the reest the that's page number two of the case that's what we were going to point out now Mr solicitor general yes has the CBI collected the record which is available to them yes they have collected yeah we have collected is any officer present today yes who is it the joint director CBA uh ma'am you have understood our question come to page 12 of your report which has been tendered today read par 10 in your mind in your mind page 12 tell us is this record correct if is this correct yes sir it's based on the documents given to us by the Kata why are the you're showing us some different time which is the document they are referring to it with me pleas di sir this is based on the GD entries and the documents given to us but look at the time which you have stated it's there sir in the GD entry sir can you show us can you show us yes sir I I just they mentioning the GD what happened in the entire day if you're that look at page two page two MTS page two the application made to the magistrate with the GD where the ud entry is already mentioned you may be right Mr Simple this is something which even the criminal procedure Court doesn't prescribe yes exactly the entire procedure which has been followed by your police police of the state it is something which at least I have not come across yes in 30 years of my I know I appreciate but the facts must be before your lordship's that's the important thing the real fact first thing we want to confirm is yes is it true that the ud case was registered at 233 hours and that the postmortem and everything preceded the registration of the no no no no M we'll have to yes yes please please M second question to you Mr the second question who is this assistant superintendent non-medical who is this person is superintend is this assistant superintendent a male or a female I believe it's a female but I just make sure female our conduct is also very very doubtful why did she act in this manner I can't that's number two it's all right it's all right kindly pardon me this is the one copy we have I have marked on the side Mark flapping is on the right hand side Mal first page I've now I've got the entire sequence here DD entry 542 is at 1010 am M I have the if your logic don't mind m i mean i no I've got I've got your documents I'm looking at it from your documents yes GD entry it says 5:42 1010 a.m. yes say received information over the telephone yes from ARG cor MCH k out Coast that a lady of PG training of so and so MCH was found lying in unconscious State at seminar room of chest medicine Department of third floor of emergency building in half naked condition accordingly informed so and so officer in charge and under his order yes leaving PS with Lady police and force for causing inquiry this is at 1010 a.m. correct correct just allow me to intervene now one second the doctors are saying unconscious though she was already dead one second you you don't need to be a doctor to understand this is 542 yes now next is 576 now 576 is extremely important PM examination over the dead the dead body of the deceased the board verly appin that the death of the disease was due to the effect of manual strangulation associated with smothering antim morm and homicidal in nature correct also verbally opine that medical evidence of forceful penetration stroke insertion in her gen genitalia possibility of sexual assault is a possibility accordingly accordingly po has been cordoned under proper guard also several witnesses were examined and the statement was recorded consulted CCTV footages in and around the vicinity of the PO yes one thing therefore which is very clear is that the cording of and the preservation of the crime scene takes place after the postmortem report is conducted this is what the GD entry itself says so first the PM the PM takes place between 600 and 7 in the evening after which they start cording of the crime scene now just go forward Experts of SFL WB have visited the SP spot under their Direction and able guidance incriminating articles and documents were received under videography in proper seizure list after observing all legal formalities by seure list with 9th August do dog Squad also arrived on the spot on the basis of the prayer of investigating agency learned judicial magistrate conducted inquest over the dead body of the deceased under videography after observing all legal formalities accordingly PM examination was conducted by the board of oopsy surgeons consisting of three members under videography over the dead body of the deceased and declared her and declared her dead body on 9th August at about 1244 hours meanwhile so and so homicide officers of homicide section women griev cell uh scientific uh Wing so and so photography it was learned that the door of the seminar room was in open condition then 576 on perusal one blue color genes Etc found in payment In Articles were found on the mattress beneath the mattress on the Das accordingly some people were examined they will not read out her name which appears in immediately thereafter accordingly on duty IO of so and so examined found that one lady was lying on her back on a mattress kept on the wooden D inside the said seminar room in unconscious and motionless condition it was examined in presence of lady police person and found some inquiries injes on her private parts and other parts of body also found that she wore whatever after returned to PS under order of OC and UD case has been registered VI tala UD case number 9th August so so this is now it is confirmed that it was 2330 page number two just see page number but this is this is the case diary shows that the ud case that the ud case is registered that's after he returns to the police station I don't want to contradict kindly see page two okay of the case these are their documents yes yes yes has given to us we'll part with you for two minutes and after return to the police station the seized articles were kept in Malana MK number 52 of before that your may see the last page of this last but one last but one I'm reading with youres look at second last after return to PS under order of okay that we are see Jud case has been registered that is at 2030 make us understand this the circle portion what is this m when he comes back he records the entire incident and then M repeats that oh Mr SI oh sorry we can't accept this explanation page two in the diary itself M kindly have a look at page two if you don't mind please so what is this he has recorded the entire days proceedings he why has he mentioned this 23 32 hours 33 come back at that time at the police station at that time therefore recorded it there's a lot of Now show us one document yes I'm showing prior to 2330 hours wherein we find this UD case number so and so page two page two give it back to us please I'm sorry page two mother of this comp yes page two yes that's the second last page mothers and there it is mentioned second last second last page of of the case D it's UD not GD diary case diary page two diary will you have it in hard copy yes we we we give it to your la Give it doesn't matter yeah for the magistrate which happen in the afternoon which the afternoon and you will see the DI number 861 of 24 861 of 24 will the order of the magistrate thereafter it says that page let them investigate this has been inserted ler in point of no no no no PS let look let them look ask for the report from the acgm just give it back to us I'll share it with my Lord my request is yes and the copy may be given to us I do not know whether this copy have or not diary that's okay but give give one more copy what objection can you have report of the acgm can come before the acgm the application was made no no no no no but this page may be given to us they may have given let a another copy be I request your look at page four and ask for the report of the acgm no I do not know what is shown i m can you see page M I'm sorry m i the copy of print of this page may be given just give it back to me please only you have a look at me just look at yeah yeah yeah yeah yeah yeah I understand yes I nor your yourip suspension is right now we read page from where in this yes here that's the inquest report give it back this is the judicial magistrate M who carry out the inquest and see h61 postmortem also mentions so this these can't be inserted and this is signed by the Magistrate here's this number they will have to look into let I also magistrates M's order itself to look I I again request my learned to give me a copy of this even if it is given let it be given a fresh please have aop so magistrate order M kindly see the magistrates order that's m is also part of the CD CD I just give it to your just give it to my no no but I think Magistrate's order is not part of the case diary one second it not but I'm just saying yes it's not so canly have a look mother the magistrates order itself my Lord Justice partala please mother I'm sorry this is the Magistrate's order number and it may the mentions the case number documents are not with the c not given to us it's not a part of case diary that's the simple answer M they are and they are not producing them they are and I'm sorry to say m because an impression is being created M that contrary to the record maam come to page eight of your report Roman 14 I'm sorry uh Romans 17 last three lines is this still pending Roman 17 top last three lines Sor is this still pending or the high court has passed the necessary order and you have completed it sir still pending to be conducted yes sir think permission of the court because that needs permission we a waiting the permission of the court because that needs permission and you should pursue it at the early we are doing there's something else we wish to point out for we're just checking something which will demonstrate Ms yes yes e e e e right bring something El to your lordship's attention your will allow me m may I just bring something else to your lordship's attention that the seizure list at page 25 also has UD UD cas h61 postmortem has seizure list has P 61 page 25 25 K inquest has everything all documents have that inquest postmortem seizure list page 25 seizure list PDF 157 of the this is at 8:30 yeah this is at 8:30 your lordship notic is always before 11 so how can anybody mother even contend yeah I I'll substantiate that is at 440 and the inquest is at 440 M mentions and the original CD has also been given to their mothers it's bit unfair to and the original CD was handed over to the CBI in the high court M as soon as the transfer order came yes yes yes oock it after the postmortem e e e e e e only for a second just to remove this confusion how this time comes same yeah yeah that's right we already shown documents before that the original CD will contain everything I think they GD G what is GD proced for the e just to create this Bel see the case diary you form the we can you know we can form a view on what the movement of the police officers was who went what time the body was first noticed what time the body is brought what time the inquest takes place postmortem and then finally the F at 11 11:30 in the night no even uh this UD Cas say 11:30 that's what I want to no no no that's not correct see the ud can you just see this 577 is recorded at 1010 in the morning can can you just have a look at it can you they have this information in the in the CD they have information please allow me now Mr allow me allow me what you you should have shown the CD given the CD but I don't have in court in fact this also matches with the F there is a confusion please allow me receive date 9th August 24 time 10 10 hours me two minutes exactly I may be right I may be wrong give me two minutes your lot ships have this 10 10 10 10 yes yes this is gde called General diary and right at thece station at the first yes at the police station please thereafter come to this lot I do not know the number of the compilation but it is uh page 47 on the top 47 we got the same Please Mr C yes there is always a courtesy to each other this is 576 2330 correct Now read this in reference to tala PS General diary entry number 542 of date return to PS with so and so so and so please ignore it and come to the next page after return to PS under order of office something and UD case has been registered with the tala PS number so and so 861 so this UD case is registered my Lord earlier was gdn this is UD case at 2330 and at 2345 f c page 40 just shows the chronology the waters it's all muddy the water that's what you're doing see 42 just see 42 42 GD number 542 dated 1010 a.m. rece received information over the telephone from aor Medical College Hospital police Outpost that a lady of PG training of soo soo was found lying in unconscious State at so Ando medicine Department of third floor of emergency building in so and so according to informed sector 92 and under his order leading PS with Lady police so this is General diary entry what is that is what dd is somebody has lost theing to the at least laugh one second according to rules that we follow these regulations done in accordance most UN inhuman and undignified maners these are the rules and we have followed to the te the rules of yes I will show that what rules unal death first general diary entry is paid thereafter the police proceeds to the spot with the Case diar Case General diary is kept in the at the police station diary is carried to the spot yes now the relevant part would be yes this part which is a inquest report this shows that the information regarding unnatural death was received and registered as case number 861 on 98 2024 at 101 hours that's correct yes and this this extract is the general diary which the police compl come back to it it carries various steps that have been carried out during the course of the day that's right so that I can assure my learned friend this is not an attempt to muddy the water to remove the mud from the water because we are dealing with a delicate situation somebody's dignity is come on come on we all know that we are all it's a tragic incident it's barbaric and we are on the same side but not the wat on really unfortunate the only one point which we also see is that the ud I I'll read out the relevant part this is at page 7474 accordingly po has been cordoned under proper guard also several witnesses were examined and their statements were recorded consulted CCTV footages in and around the vicinity of the PO after postmortem and inquest the dead body of the deceased has been handed over to her mother so and so after return to the police station under order of Officer inch charge to and so and UD case has been registered by tala PS UD case number 861 dated 9 August 2024 all concerned including superiors were informed after return to the police station the seized articles were kept in PS Malana by Malana number 52 in the presence of ASI and Constable so and so now and and officer in charge was informed so it appears that the initial the initial report of an unnatural death was received and which was recorded in the GD at not unnatural death unconscious body the doctors are informing the police that there is an unconscious body lying in unconscious state that is that do you don't have to be a doctor to know that it's not unconscious body it's a 1010 a.m. GD 542 this is from The Outpost the unnatural death is recorded by entry 561 861 after they received return to the police station at night that's that is how we have and 11:30 in the night 11:30 in the night the f is registered in the meantime the body has been handed over to the mother for the purpose of and that to the father insist for registration of the F absolutely the hospital does not register the FI father has insisted and registered the a the father told us you wait till I tell you then only register no I will give a return complaint that's what happened at least tell us what's been happening in the investigation and trying to trying to say that this happened at 11:45 the family is here one clarification which we need certainly mother if the the report of the police indicates that after return to the police station GD 861 was uh recorded in the meantime the dead body had been handed over to the mother for cremation if this is this does not square up with the fact that the inquest refers to GD 861 inquest takes place I have the inquest of the judicial magistrate right judicial magistrate says I conducted the inquest at 4:20 p.m. on the 9th of August correct that inquest report refers to GD 861 yes now if the police say that the GD 86 1 was recorded on return to the police station just before obviously before the f is recorded that night how is it that an inquest at at 420 refers to 861 I do not know what how it it will 861 just an expression it's just recording it says ud8 acgm ask acgm he's there ask the acgm everything everything's on record memo says 861 postmortem says 861 and the real thing is the investigation why are we moving away what has happened in the investigation my friends may share the timelines with us do you have the postmart report here just pass it I'm sorry postm postm the state says father father did not permit registration of f the father's councel is page 13 page 13 of the case di the state will wait for the page 13 of the case in this PM Noe is there a reference of 861 top right on top is there is there UD Cas number appears then that at the time when the PMR was when the postmortem was was conducted uh UD 861 had already been Rec that's right that's right there's no doubt about it m the impr people are using some language some Expressions Bengali speaking people are using some expressions in engl no no there b why does the io then say that after I return to the police station in the night I record because he has to record because he has to record what has happened all this while that's the point minutes of the meeting point is we are more concerned about the investigation what has happened in the last one week atast the concerned which is emerging now L the PMR talks about 151 mg of Simon it is never in please come on this is the problem that St but don't confuse this don't use social media to make arguments that I'm grateful we have we have specifically we have specifically now the PMR before us and we know what that 151 refers to let's not use you know what we read on media and then make legal arguments on that basis one second your Lordships asked me that you will give me a chance M after this is over I have a very serious issue at hand Ms and I want to hand over an affidavit to you just please give and I'll hand over that affidavit also to the solicitor but only to him let just give it just go through this only only to him yes yes I'll give it well just just read through this see what's going to happen par five onwards page two M these are collateral events mothers they are bound to happen this is again on social media something on no no not social media we've got the original state filing based on social media just let let the court please read it then page par 8 is also important che check check 1 2 3 4 check read no this is on one second this is exceptionally serious because they've planned it for 27th noral if any protest is to be done they must tell us which route must us tell us tell yourself I mean must followed must be followed and well as what they do is they carry Flags well the take off the flag it becomes a stick there's an sop there is a standard operating procedure which has to be followed M because what will happen M as your lordship sees M the whole purpose is now it's collateral events that are happening it's unrelated to what M's the the real issue is and we've got photographs M all this running away from the police we've actually got photographs this is all completely wrong the status given I will want your Lordships to go through that status report and pass an order that this can't be done there must be a standard operating procedure which has to be followed we'd like to see if we'll come back after lunch we just want to see your status yes come back and see because weam CBI St I just say to my friends cisf is still not there no it's not there I've got photographs of today morning I have phot I intimation in writing that they have gone they have visited along with the local the Kolkata police and to decide where to post home one thing is to be decided Kolkata police says that the security should be should be in the hospital but we feel that it should be more in the hostel because might be just La by 10 minutes or so no problem We Come Back original case Di e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e e che check e e e e e e e e e e e e e e e e e e e e e check check check check check mic check e e e e e e e upe I e e e e e e e e e e this all India judges matter my lords have directed today the appearance of the chief secretaries on 27th I appear for the state of Tamil Nadu state of Tamil Nadu has issued goo has made budgetary allocation and in compliance fit has requested for 6 weeks time to actually disburse in the account the chief secretary has recently joined on 19th of this month as Chief secretary permit us to appear online not if but you have issued a go has disbursement Mee completed within six weeks the compliance a deit says two announces have been dispersed there were 21 announces which budgetary allocations have also been what is the position here in tamad Con in terms directions of this honorable Court swans swano had have been revised by the state government and areas have to be paid therefore it is respectfully submitted that to calculate the areas due to revision and allowances and sanction of new allowances and Credit in their account two more times is asked two more months they have asked for my just I spoke six weeks we will weeks is what I'm told by Chief secretary that 6 weeks we will completely because the claims certain claims have to be made by the officers not by us ultimately you complete the exercise in 4 weeks at the most we might give you four weeks right come here we'll hear all the chief secretaries here we don't want to now start making an exception in the morning we have not made any exception yes online no not online they are supposed to remain present here that's our order why are you shy no Lord I'm not shy whatever statement they want to make let them appear here before us and they'll make a state the we fil the the morning a similar request was made we have not allowed that justice has decline so no exception for you ask them to remain present item seven is of the twins where car was to respond adoptions have already taken place and car was to give the nooc BL so 16th your lordship heard it for 26 car is not responding it's on board today if it doesn't reach today of this we take it up early next otherwise we take it early next week if you want no I wait we can take it up on Tuesday whatever we take it up on Wednesday we can take it up let the aunt has adopted both the children that I want I explod the options under the UK adoption system they say you get a con non-convention adoption order car has to give a non-convention adoption order that's fair enough but we'll take it up on Wednesday so that we'll Tuesday oh yeah we have a CB on Wednesday so Tuesday we'll take it that Tuesday May I make a small possible I'm so sorry no it's okay very sorry I'm very yes may I make a small request would my lords be allow us to air drop the material soft copy air drop soft copy of this it's much clearer M that that's all please air drop it and in the meantime just so that some misgivings Ms may be cleared there official records was possible to be shared please share it no no it's a status report no this you can share regulations yeah I just wanted to mention your lordship through a through a notification issued in The Gazette in 200 18 Ms by an order of the commissioner of police we are required to follow these guidelines which are set out unnatural deaths and injuries and we have followed these guidelines to the T so it's not something that we have departed M from the standard procedure it's a regulation of 68 Ms immediately on receipt of information of a death occurring in any of the circumstances first information report should be drawn up in West Bengal form such and such the information shall be recorded in the same manner as a first information of a cognizable crime that's how the unnatural death is M registered and it shall be put up for subdivisional who shall record his orders and then it goes on Ms so we followed to the T except that this doesn't justify registration of your F at 11:30 at night but everything started earlier all the investigation was done body was recovered in soon after 9 9:30 but all the all the investigation was done in accordance with law there's no no as far as delay in the investigation the procedure is the same we have not procedure and other things are is a separate issue but but the point really do remain that what is the reason I mean now we've already highlighted that we need go over it all over again what is the reason why a the f is lodged almost 14 hours after the discovery of because we asked the parents he says we'll give a formal complaint that's all the record second for the investigation is also required counil is here if you don't mind parents coun he waving his hands one second if you don't mind he waving his second most important it's not an issue that the parents would have requested was a principal of the college he should have come straight away to the college and directed the filing of the F who was he in touch with what was his uh what was his con to decide why he didn't do it I'm just telling your lordship that as far as we are concerned we follow this procedure be that as it may now the moment he tenders a resignation he's appointed as a principal of another College we respond to that separately what is the purpose I mean I appreciate I appreciate that part of it lot of uh we appreciate that part we still investigated by the now of course each of us Ms who are appearing for the state have now got Swiss bank accounts which are doing the rounds M because we are apping for the state that's all that's happening now outside and we are instead of initially that switchb account came from your client present CL anyway we don't have to really go into we have again you know instead of concentrating on the investigation you're concentrating on the state of West CBI submitted its status report to us of the investigation you have also submitted a status report of the investigation we will have a look at your we will have a look at your report we'll take it on the record let the investigation continue There are two different things CBI in respect of the actual uh the actual Deb and in so far as you are concerned the vandalization which takes place the day after so and the and the future protest M your Lords have to protect us for that that future protest protest protecting the state how can you protect the St no your lordes you so the standard operating procedure must follow you may we will designate area they can hold the protest they can go there why do we have to do all that your District magist yeah your lord only say m because your Lordships have said no peaceful protest should be M should be interfered with M now if they don't follow the standard operating procedure don't tell us what the leader is M what will happen is We Have Not For a Moment said that the requisite provision of law should not be comped that's that should be clarified that's all the only thing is what we meant was that stop arresting people who are yes yes absolutely you also may just clarify that an additional small asked we have never said that irrespective of the normal procedures for conducting Pro that's why you saw I saw those audio clips right now we will say just say this uh a status report has been submitted by the Central Bureau of Investigation likewise a status report has been submitted by the on behalf of the uh police of the state of the investig Kata police Kata police by the Kolkata police by the Kolkata police uh on behalf of the Kolkata police fo stop uh the as already noted earlier the investigation into the circumstances relating to the death of the postgraduate student at aror Medical College and hospital is being conducted by the CBI with stop the Kolkata police was looking into the investigation uh following the uh vandalization of the of the hospital after the protest of the after protest uh were uh after after the protest at the site no it was a vandalism not protest after the protest at the yes yes vandalism after the pro yes uh next from the uh from the material which has been produced before the court it appears that a request for conducting the polygraph test has been submitted test of the accused has been submitted uh to the AC JM seala uh which is stated to be under process fo stop the hjm seala Shall Pass orders on the application no later than by 5:00 p.m. on 23 August 2024 uh full stop uh during the course of the hearing Su uh a number of council have appeared on behalf of diverse stakeholders including the association is representing the resident doctors we stop and other doctors res doctors and other doctor and other doctors full stop uh the yeah among others among others stop the uh the the council who have uh intervened in these proceedings together with the parties for whom they have intervened are set out below statement uh in the previous order of this court K while appointing while constituting a a national task force this court had specifically clarified that the that the ntf uh should engage with diverse stakeholders to stop consequently uh we hope and trust that the MTF shall uh shall shall um here the representatives representatives of diverse stakeholders so as to enable it to have uh inputs from all those who are likely to be affected by the process which has been initiated by this court and who have a vital stake in maintaining safety and well-being of the doctors and other and other medical professionals their workplace in their workplaces say something in their workplaces I give it we have not said no we have not said we all stakeholders uh during the course stop during the course of the hearing Lear Council have uh have um Place some additional suggestions which may be taken into account by the committee including bracket one the installation of distress call systems the institutionalization of District distress call systems semicolon Rec two regulation of Duty hours and three uh the lodgment of and three the constitution of a compensation distest fund next uh the above suggestions would it is needless to not be considered by the national task force whose remit has been pouched in Broad terms by this score for stop it is undoubted that these that the views of diverse stakeholders would be taken into account by the task force before its final recommendations are made full stop to facilitate the filing of suggestions before the national task force we direct the secretary in the Ministry of Health and Family welfare of the UN government to open a specific portal on which on the website of the ministry on which uh associations or as the case maybe uh different stakeholders can submit their suggestions for consideration before the committee we stop uh Mr kle uh learn Council appearing on behalf of the state of West Bengal the Kolkata police uh submits that this court May clarify who submits that while this court has permitted peaceful protest the order should not be misconstrued to mean that the authorities are precluded from exercising the regulatory powers in accordance with law uh this court has not injuncted the state uh from from exercising such lawful Authority lawful Powers as are interested in terms of the law however we categorically reaffirm that peaceful protests yes shall not be disturbed nor shall the uh nor nor shall peaceful protest shall not be disturbed or disrupted and the state shall not take any uh we I shall not take any action against those who are protesting against the who are peacefully protesting that's correct against the against the uh against the incident which took place I call one allow me olist may take my affidavit on record record and two things we have filed the status report but the pen drive is not being taken which has the videos that P taken my Lord with should we keep it after a week for the next status report to be filed before us because we just like to that's fine but the pen drive may be taken because they are the annexures yes o the p drivea and also let me finish we'll finish the well let me just finish this my my my timeline on the events only one request I have to make one second hold on please let me make make my yeah yeah of course well the timelines what Master just take that request is this in view of the fact that this court has uh taken measures to ensure the institutionalization of the concerns of the uh medic of the medical professionals terms of the previous idated so and so it is only to be expected that the uh that the doctors would now uh return to work full stop uh pending the pending the submission of the report of the national tax task force comma all state governments and union territories shall ensure that wherever the need arises in terms of the exigencies of work Comm the uh State shall be alert to any uh any apprehended violations of a breach of apprehension VI ation or breach of saf medical establishments backlash we can be protected against timeline of events as they happen can the timeline at least be shared with us copy to the this can never be secret nothing nothing of course not nothing also give the your status report that can be shared with the CBS of course it can investigation is pending how can the stat report be shared that canot one aspect may be considered yes his status report is not shared this cisf has been deployed at yes yes yes the solicitor general states that in compliance with the orders of this court uh CIS the cisf has been deployed at argar Medical College and hospital so as to ensure the safety of just one one small submission all other medical profession had said the morning an additional line my lords with regard to protecting our doctors from backlash they will of course rejoin but my lords and they have never suspended emergency services but my lords there is a concern already a backlash there's no question of only doing emergency services in a place like say all India Institute of Medical Sciences people take appointments do years in advance doctors are not available on duty for a day that means that person loses a slot which was booked two years in a absolutely my lords and during lunch we spoke to our doctors and this is what has been said and that this is what has absolutely been agreed to my lords just the backlash though there is the uh health department and the medical Council we are being told that the action is being taken against our doctor these are under control of the westbengal government who are protesting the protesting doctors in addition private and public harassment is happening from the police next week yes M once the doctors go back get back to work please come back to us and tell us ships may I just point out come back my lords inter there is this in the order an apprehension has been expressed on behalf of of the of the doctors uh stating that uh that that they liable to be they likely to be they are likely to be or some of them are already being proceeded against not to interrupt in Delhi there is fi registered against us right for the protest for the protest which took place in in the past po stop we are expecting compliance with the Assurance which is now given to the court that the doctors would join normal duties to stop in the in the meantime if any adverse action has been taken against any protesting doctor for protests which have been carried out prior to the date of disorder no coercive step shall be taken on the basis of any there order order of a college in oan where my learner nothing here after because now this order everybody doctors have been told for cont not even to go on a token strike my learned friend want I just received a I'll tell you one thing get back to work now if any doctor has proceeded against with for a for a protest which took place in the past we have already said no Cove action will be taken this is for the future actually we are saying that cannot go for the token prot no but future now you must come back to duty the problem is judges that we stand outside the Supreme Court no justice justice and Medicine can't go on strike everybody has to come back to the proper measure it should be done first strip look first establish before us next time that everybody has come back to work once we are satisfied that everybody has come back to work please rest assured we'll make sure that no adverse action is taken the other thing is yours have taken now the status report on record and a separate fa on record now M the only thing is and this is a request from everybody that M normaly should try and be M the people should not take advantage of the situation normaly should return M and we responsib is in their hands now the investig VM is everything request to the doctors to come back to work no statements the investigation is going on we are assessing the status reports which are being filed in the course of the investigation I think now for the family there's no question of normaly because the family is deeply correct but in so far as the community is concerned including the community of doctors we have to return back and the statements and the you know statements made of the nature that we have placed before you let let me let this we are not uh against and nobody should make any statement that's we have a statement of a sitting minister of the state of West Bengal saying that no not all that's something very serious that if anybody talks anything against our leader his fingers will be chopped off then I will read the leader of the opposition statement nobody should speak bullets will be fired bullets will be fired is what he said what we would also expect please don't politicize exactly betical Spectrum parties have parties have to realize don't politicize the law will take its course and we are ensuring that the law does take take its course after a and efficient inves second we also concerned about the welfare and safety of doctors for the future we want to institutionalize this that's right yes we are not going to we are not just going to lay down guidelines we're going to pass an enforceable direction that the recommendations of the task force will be implemented by the state governments under the by hospitals under the authority of the Union government I prevented a political dialogue by giving this instance mine is not just 10 seconds what I'm we are grateful I appear for the resident doctor Association of Ames Delhi we are grateful lordship taken so M what has happened is we've taken a peaceful protest registered I the General Secretary of the association now as it is emotions are running High the office bearers are sensible they're trying their best to convince the large body to get back to work now these kind of FS Etc sets back the process just just tell them to hold their hand police why don't you do this ask the doctors at ases Delhi also get back to work and so far as the F and other things are concerned we are seized of it when we seed of it nothing is going to happened yesterday General Secretary accus tell us one thing since when have you been abstaining from duties tell us how long is it been for the from the time the incident for the last s days s days so the incident took place on the 9 yes right today we are now on the 22s imagine 13 days doctors from the all India Institute of Medical Sciences don't go to work absolutely as an officer of the Court as lawyers we've been talking to them after your lordship taken so mot we told them does not mean indiscipline I understand but these FS aggates lordship understands the 1,500 doctors office bearers are sensible they trying tell the doctors once they get back to work we would put it to the director the director is a member of our task force yes we put it to the director that all right and we tell the police who are here before us nobody wants to pursue the doctors yes right what happens they have to get back to work let them just hold their hands f are registered for a peaceful protest and after the last aot therefore we have just said that no steps will be taken that we've already protected the doctor yes but now if they don't get back to work I understand I completely may I just say your one submission one submission nobody should say asset bonds will be used this should be done bullets will be fired is all wrong M God knows you have you have you have you know you have these kind of elements everywhere on all sides of the spectrum now tell us we don't know who has said that we the clips you have given that to us yes and the leader of the opposition has done this many home qu there's a protective order we can't L an responsible way of not placing it before the court be Ed protesters will not be disturbed and equally subject to compliance the may I say one thing lordship Lord because of two investigating agencies are investigating the vandalism is being investigated by the police and other side is investigated by the C there is an apprehension that conflict of conflict will be there because hand don't worry about it we are here to Rum insting we already passed that it is one more thing if you stop filing all those publicity interest litigations that I come every every day before this court I think the media trial will will start constantly filing some P or the other before us all right we see just finally say that this hearing has provided a healing touch to the doctors the doctors who felt they had nobody to uh went their grievance with your Lordships have heard it so patiently and there's a sense of satisfaction among the doctors that they F now feel that they've finally been heard so we would just like to thank you you know we have also said that today that the doctors would be heard by the committee so I must tell you my lord Mr your lordship when the secretary secretary held yes director general of Health Services came they also shared this concern with that doctors are exposed to patients and patients relatives and their temper is also going high because doctors have their own duties their own compulsions the patients would expect something so there is always a friction kind of a situation so doctors are kind of more vulnerable but this has really given a healing touch and an assurance coming from the highest cot of the country that the highest cour of the nation is looking after their interest thank you Mr Mr Dr Dr Raj zi I think is on the line Dr Raji from medical legal societ of India sir yes I represent body of doctors which has got 70 lawyers and 120 members doctors who have done LLB so this is the association which has worked research for five years about the problems of violence against doctors and you'll be surprised to know that you have mentioned there are seven acts of seven states actually there are 21 states have different acts for violence against doctors yes so that is first part second part is in spite of having this Acts vandalism and the violence against doctors does not increase because there is no deterrence you can understand my statement that out of 1381 accused people in Maharashtra from 2015 to 2020 only four have been convicted and rest have been given go by because of certain laws which help the doctors to help the accused to get away now that problem is to be sorted out by the legislation and what we seek from your honor is the protection of law and not only the protection physical protection that is being offered by your order which has been given in detail by on the day before yesterday so what we would like to inform you is that minister of Health and Family welfare had drafted the legislation at 2020 2019 and that was rejected by home Department that this legislation cannot be done because of certain reasons whatever the reasons be after that when there was epidemic rather pandemic the the home minister assured IMA that they will form a central legislation but only thing that they did was they amended epidemic diseases act and it is now as as the epidemic has gone by the ACT has the truth of of the ACT has gone by so what I want to tell you is out of this uh I have filed a public interest litigation in Bombay high court and in 2020 we filed public interest in litigation and as you formed a committee of various doctors the bomb High Court chief justice formed a committee of people from Maharashtra State and the committee had three meetings and the meetings have been concluded in a statement which says that the Maharashtra 2010 act has to be amended now I will read the statement of the honorable Advocate General of Maharashtra state which is reproduced in the order of the court and you'll realize what is happening about it we have further the court says that we have further in been informed in the course of hearing today that the appropriate authority of the government has discussions with the petitioner and the draft of amendments requireed to be incorporated in the Maharashtra Medicare Services act has been prepared however Mr kumaki submits that he has himself pursued the draft and found out seem to be clumsy he therefore submits that the government ought to be given up Liberty to considering whether to introduce a new legislation or to amend the act for which he has time this order of the court is dated 13th of July 2021 your honor more than 3 years and 1 month has passed after this order Maharashtra state government has not done anything about the report of the committee therefore it is necessary to ensure that the recommendations that your National task force will give will have to be implemented on the ground the other statement which I would like to make is we had filed uh intervention application K in Kerala private Hospital Association versus state of Kerala and in this casea court before your Dr zosi your p p is pending before the Bombay high court but you're not leaving it at that once the report is submitted by the task force as you rightly said the next step would be the implementation of the recommendation now please hear me out for two more minutes or honor can you can assist us at that stage on what steps should be taken to implement the report of the task force we require that is one part second part I'll give you what's happening in Maharashtra Kerala because that's not really going to carry this matter any further please give me two more minutes the K we filed the application Kerala high court and the Kerala High an order of golden hour of f r please give me one more minute the Kerala High Court passed an order of one golden hour for filing F which is similar to Golden hour doctors used to treat patients of stroke or cardiac arrest so that the patient doesn't die or come with permanent disability now this F this F was to be filed within one hour and I have filed five instances of this order being disrespected by the by the police and the Kerala high court has taken cence of our applications and they asked the commissioners of police to file affidavit or super of police to file affidavits after which the violence in Kerala has come down by 75 to 80% subsequently you'll be aware of the brutal murder of Dr W Das was stabbed 11 times in chest in early morning and on that day the high court of Kerala asked the government what you are going to do about the ACT days can assist us after the report comes in these are important issues on implementation which we look at later on let the report first come and we'll then see we'll require your assistance and we'll be happy to have your assistance on what steps should be taken to including your including your suggestion on the golden advate Kal has got copy of my submission kindly permit her to submit that document with her request there after there are two 30th is Friday 31st is Saturday and Monday is 2 third there's only one take the note Dr I mean your laip there's only one session your L special bench on the third can you have it earlier please there a special bench on the third or later either earlier or later uh Mr come on the third we can adjust the time between both of you there's no difficult no there's a special bench that is listed the matters are listed for three days because then fourth I don't know where how we will be pay fifth can it be fifth we take it Fifth is all right thatal case diary be returned to us another request photocopy of the original another the status report may be sealed again Lord and retain in your same for us St and same for yes obviously that's right that's right your there is one suggestion last suggest mandatory filing of institutional fir by the institution within two hours of the cogn of the office we'll issue directions even on this is one submission which is important at this stage which was I'll just take 20 seconds I'm appearing for the national Federation of resident doctors of as and the Federation of all India Medical Association M they have got letters from different resident doctor associations have written letters to them that we are ready to join however if some degree of interim protection some basic degree of interim protection while the time the recommendation of the ntf has been implemented which which includes only the CCTV footage at the entrance and the exit of the hospitals and the hostels and also a distress call facility they are requesting for this interim protections because they are petrified after this horrific incident which has happened and well government has already implemented this West Bengal has already implemented this on beh two days back we've implemented it as far as West Bengal is concerned and button in fact Mr what we do is this appro what uh the submission which has come can you ask the ministry to engage with the uh State Health departments in the next week before we take up the matter and will issue some directions on what in the meantime what are the steps with the state governments can take in the meantime pending the report of the what I I would suggest prop what is in furtherance the health secretary can have a meeting with the chief secretary and the director general of police instead of Health Secretary of the State and uh convey that you take care of this apprehension this apprehension appears to be justifiable apprehension because Law and Order would be a State subject we we can only accelerate or we can assist during the course of the hearing Council representing several resident doctors associations have indicated to the court that they are that the doctors are willing to go back to work uh without any condition however it has been submitted that don't without any are willing to go back to work and their duties however it has been submitted that the state governments May uh take a view on putting into place at least some safety measures to assuage the concerns of the doctors Full Stop in order to enable this exercise full stop we consider the submission to be the suggestion to be fair Full Stop in order to facilitate this uh we we direct that the that the secretary and the Ministry of Health and Family welfare of the Union government shall engage with the chief secretaries and the directors general of police uh as to find so as to evolve so as to ensure that uh the state governments stroke duties put into place certain basic minimum requirements pending the receipt of the report of the task force to assuage the concerns of the doctors over uh over their safety at the workplace with permission excise the exercise of holding the meeting should be completed within a period of one week that the state governments may take remedial action remedial and appropriate action given the exercies of the situation within a period of two weeks there that order on permission followed we share it with them we made that order to protect the permission me just would like to add that in some of the hospitals and in private hospitals too there is not adequate security staff and even the security staff to employ one thing I'll tell you one thing please when you talk of private hospitals if you go to a place no I'm just nursing homes no hospitals you have them across the Spectrum we start telling the government to provide security at every nurse amount of amount of money they emplo citizens will have no security employ your they are not having Hospital stand on a different just submit one thing large Falls the large number of doctors workes my submission that in some of the hospital yourip there's not adequate security and security security staff which they deploy they don't make proper verification they just employ anybody and then very difficult for this monitor such at A Min level therefore we have a body of expert doctors who will tell us what to do a about the public hospitals about to smaller hospitals that's correct now obviously the burden can't be shared for both equally by the state the state has an obligation in so far as public hospitals are concerned course in so far as private hospitals are concerned some alternate mechanisms can be put into place that's why we had a suggestion of distress call mechanisms so that you have an immediate access to uh a local Authority should there there be any problem or which is apprehended so these are particularly things therefore the committee which we have appointed consists of has drawn from private hospitals and from the public sector the idea is therefore to allow them to evolve something which is practicable US merely issuing a general direction will not make any uh I mean you have to have resources you have to have therefore wait for the report of the task force and then we can see how to best implement it but we are not going to merely lay down with we content with guidelines we then thereafter going to take up the report and then issue certain direction on that basis with regard to the sit notification that I had handed over we will place documents on record demonstrating the which we've obtained through RTI and then seek directions on the fifth gratefully gr grateful to you