#administrativesystem

[seemabhatnagar]

Day 2 of Hearing - Murder of young lady doctor at government hospital at Kottarakkara area in Kolam District of Kerala in the wee hours of May 10,2023

As directed by the Court on May 10, 2023 (https://www.linkedin.com/feed/update/urn:li:activity:7062305790698618881/) Kerala State Police Chief (SPC) assisted by Additional Director General of Police(ADGP) appeared online before in a special sitting fixed by Division Bench of Kerala High Court comprising Hon’ble Mr. Justice Devan Ramachandran J & Hon’ble Mr. Justice  Kauser Eddapagath J.

Submission of State Police Chief

Investigation into the death of Vandana Das is going on.

The Court directed SPC to ensure that investigation is carried out in the name of Dr. Vandana Das faithfully, truthfully and diligently.

The submission of the ADGP was recorded by the Court that modification is required in the present protocols in which an accused or other persons in custody are to be presented before medical professionals or in hospitals. ADGP admitted that there are protocols they are not up to the mark at the present time and require modification; and he offered that submissions in this regard will be made by the next posting date. Next date of hearing is 23.05.2023.

The Court observed, there can be little doubt that the killing of a young doctor by a person who was in custody of the police — be that as an accused or in any other capacity — points at a systemic failure. The Police Officers above were also ad idem that it is the fundamental duty of any officer to guard a citizen, even at the cost of their own lives.

Taking note of the submission of SPCthatVandana Das was alone in the observation room at the particular point of time, which opportunity was seized by the accused to repeatedly stab her.

Observation of the Court:

Protocols will have to be immediately evolved as to the manner in which doctors, healthcare professionals, students, interns, house surgeons and such others are to be protected, otherwise, the faith in the system will surely erode.

Hospitals and personnel who man them are adequately and sufficiently protected on a day-to-day basis, for the 24 - hour time frame to avoid repetition of further incidents or attack.

It would be apposite to reflect upon the protocols that are applicable in the case of the production of accused before a Magistrate.

Even the protocols with respect to learned Magistrates are extremely lacking and it is only a matter of providential grace that we have yet to come across a situation where such an officer is attacked.

The Police will have to certainly pull up their socks on a war-footing.

Lack of protocols or inefficiency of the same, can never be impelled as a reason to justify another crime.

It is the fundamental duty of the SPC to ensure security in various hospitals, particularly those in the Government sector.

SPC agreed to this and submitted that he will place on record necessary requirements and protocols, including considering whether members of the State Industrial Security Force (SISF) can be deployed for such purposes.

Submission of Senior Counsel of Indian Medical Association and others:

Direction be given to the Government to bring amendment in Prevention of Violence and Damage to Property Act, 2012 (Act 2012) quickly.

Direction be given to the Government to appoint Special Prosecutor for the present case.

Government pleader submitted that discussions are going on with various stakeholders for amendment in Act 2012 and the same will be apprised to the Court on next date of hearing (23.05.2023).

Kerala University of Health Sciences (KUHS) was permitted by the Court to make their suggestions, regarding the Ordinance or the amendments, before the Government, which shall also be taken into account appropriately.

Direction by the Court:

Every protocol applicable for production of the accused or persons in custody of the Police before the Magistrate shall apply in the case of the production of such persons in the hospitals or before the doctors or health care professionals concerned.

Seema Bhatnagar

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