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A bench of Justices MM Sundaresh and Satish Chandra Sharma directed that the case papers be sent to the High Court. The top court, which took suo motu cognizance of the case in 2024, also said that a copy of the status report should be given to the parents of the victim.
Senior lawyer Karuna Nandy, representing the junior and senior doctors’ association, said the apex court had constituted a national task force after recognizing the need to develop a national consensus.
“I am representing the doctors of West Bengal. The NTF was formed to formulate effective recommendations to address issues related to the safety and well-being of medical professionals. Only one hearing is required to dispose of the matter,” she said.
The top court said that the matter can be looked into by the Constitutional Court of West Bengal.
“We consider it appropriate to refer the proceedings to a division bench of the Calcutta High Court with a request to the Chief Justice to place the matter before an appropriate bench,” the bench said.
The body of the postgraduate trainee doctor was found in the seminar room of the hospital on August 9 last year. The next day, Kolkata Police arrested civic volunteer Sanjay Roy.
On January 20, a Kolkata trial court sentenced Roy to “life imprisonment till death” in the case. This heinous crime sparked outrage across the country and led to prolonged protests in West Bengal.
The top court, even after the primary conviction, is monitoring several ancillary issues, including regularizing the unauthorized absence of doctors.
In November last year, the NTF in its report – which is part of the affidavit to the central government – had said there was no need for a separate central law to deal with crimes against health professionals.
The panel said state laws have adequate provisions to address minor offenses in addition to serious offenses under the Indian Code of Justice, 2023.
Among several recommendations, the NTF said 24 states have enacted laws to address violence against health care professionals by defining “health care institutions” and “medical professionals.”
Initially investigated by the Kolkata Police, the case was transferred to the CBI on 13 August after the Calcutta High Court expressed dissatisfaction over the earlier investigation.
The apex court later took over monitoring of the case on August 19, 2024.