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No civic volunteers in hospitals, schools, SC tells Bengal govt
The court further demanded clarity on the selection process for these volunteers, particularly regarding deployments in hospitals, schools and police stations, which require higher security measures.
The Supreme Court on Tuesday restrained the West Bengal government from deploying civic volunteers in hospitals, schools and other sensitive institutions following the alleged involvement of one such volunteer in the August 9 rape and murder of a doctor at Kolkata’s RG Kar Medical College and Hospital, questioning if such deployments serve as “political patronage” for unverified individuals.
Demanding accountability and transparency from the state, a bench led by Chief Justice of India Dhananjaya Y Chandrachud directed the Bengal government to submit an affidavit detailing the legal framework for hiring civic volunteers, their qualifications, the institutions they are assigned to and the structure of their remuneration.
“The affidavit shall also mention the steps taken to ensure that such volunteers do not operate in any event where sensitive establishments such as hospitals and schools may be particularly vulnerable. The affidavit must also state whether they are associated with police stations or investigation of crime,” said the bench, which also comprised justices JB Pardiwala and Manoj Misra.
The court further demanded clarity on the selection process for these volunteers, particularly regarding deployments in hospitals, schools and police stations, which require higher security measures.
The bench hinted at potential misuse of such recruitments after being informed by some of the counsel appearing in the matter that Sanjay Roy, a Kolkata Police civic volunteer who has been accused of raping and murdering the 31-year-old doctor, was deployed at the hospital without any verification and was made to stay in police barracks inside the hospital premises.
“This can be a nice method of conferring political patronage on totally unverified persons,” remarked the bench, directing the Bengal government, represented through senior advocate Rakesh Dwivedi, to submit a detailed affidavit within three weeks.
The court’s directive followed submissions from senior advocate Karuna Nundy, who appeared for a group of senior doctors and informed that more than 1,500 such volunteers were deployed as of the present hearing.
Advocate Vrinda Grover, appearing for the parents of the victim, submitted that Roy not only faced domestic violence charges but he also had access to the police vehicle registered in the name of the police commissioner and lived in the police barracks. Senior counsel Indira Jaising, representing the junior doctors, supported Nundy and Grover.
Dwivedi, on his part, informed the bench that Roy was recruited under a notification of the Kolkata Police and that such recruitments have been stopped following the August 9 incident. He pointed out that the fresh recruitments of 1,500-odd civic volunteers were made under the Private Security Agency Regulation Act of 2005.
The court, however, raised concerns about the use of civic volunteers, seeking details of how Roy and other civic volunteers were earlier appointed as well as the process of fresh recruitments. “We want this flagged. How many civic volunteers are there? How and why are they posted? What’s their qualification? How was the accused recruited?” it asked the state.
The suo motu proceedings initiated by the top court in August spotlighted the security and accountability concerns within Bengal’s civic volunteer program, particularly in light of the violent incident at RG Kar Medical College and Hospital, where the tragic death of the young doctor ignited calls for systemic changes in the state’s approach to securing its institutions.
Roy was arrested by the city police a day after the crime and has been chargesheeted by the Central Bureau of Investigation (CBI), which took over the probe on the orders of the Calcutta high court. The incident has stirred massive protests across the state, with medical professionals demanding better security in the government-run health care facilities.
SC unhappy with slow progress of National Task Force
During the hearing, solicitor general Tushar Mehta, representing the Union government as well as CBI, presented a status report by the National Task Force (NTF) – a nine-member panel comprising eminent doctors and health care administrators tasked with formulating effective recommendations to remedy the issues of concern pertaining to the safety, working conditions and well-being of medical professionals.
While Mehta said that NTF has asked for some more time to make its recommendations in view of the extensive deliberation and consultation it has undertaken, the court noted that the last meeting of the panel was held on September 9.
“It appears that the last meeting happened on September 9. Why is there no progress between September 9 and October 15? Why was there no meeting? The task force must expedite the work,” it told the SG.
Mehta, on his part, informed that about 17,000 inputs and suggestions have been received from about 37,000 associations and 15,000 individuals. Over 7,600 hospitals and medical establishments have submitted responses to the questionnaire sent by the Union health ministry, which are also being evaluated by the four sub-groups, he added.
Expressing dissatisfaction with the slow progress, the bench proceeded to record in its order: “It appears from the latest status report that neither the task force nor the subgroups formed by it have made any substantial progress in compliance with the previous orders of this court. The SG has accepted that no meeting has taken place after September 9.”
It urged the Centre to expedite the NTF’s work to ascertain that the court receives some substantial recommendations before the next date of hearing.
“We are of the view that the Union government must make proactive efforts to ensure the work is completed within a reasonable time in the foreseeable future. Accordingly, meetings of the task force shall be conducted periodically. The subgroups should also meet regularly so that tentative recommendations may be made on the next date of the hearing,” said the court order, fixing the next hearing after three weeks.
SC continues to monitor probe
SG Mehta also presented CBI’s latest status report, apprising the court of investigations into the rape and murder of the junior doctor as well as financial irregularities at the RG Kar Hospital, in which the college’s former principal Sandip Ghosh has been named as an accused. CBI informed the bench that it filed a chargesheet against Roy on October 7 under various penal charges, including rape and murder.
After going through the status report, which was submitted to it confidentially, the bench recorded in its order that the additional chief judicial magistrate (ACJM) at Sealdah has taken cognisance of the charge sheet and the case has been committed to an additional sessions court.
“The hearing for consideration of charge has been fixed for November 4 by the sessions court. The status report indicates that a probe into the role of others in the rape and murder is further in progress. The CBI has also received communications pertaining to certain aspects highlighted by various parties in these proceedings. Those matters are also being looked into by the CBI,” it recorded in its order.
The bench directed CBI to submit a follow-up status report within three weeks, keeping the court informed of any new developments in both the criminal and financial investigations.
