Centre shifts SC, alleges lack of cooperation from West Bengal govt – ThePrint – PTIFeed

New Delhi, Sep 3 (PTI) The Centre on Tuesday moved the Supreme Court seeking a finding of “inexcusable” non-cooperation on the part of the West Bengal government in providing logistical support to the CISF tasked with providing security at the RG Kar Medical College and Hospital in Kolkata, where a trainee doctor was raped and murdered.

Terming the alleged reluctance of the Trinamool Congress (TMC) government as an example of a “symptom of a systemic malaise”, the Home Ministry has asked the West Bengal authorities to direct them to fully cooperate with the Central Industrial Security Force (CISF).

On August 20, the top court described the rape and murder case of a hospital doctor as “horrific” and issued a slew of guidelines, including setting up a 10-member National Task Force to draw up a protocol to ensure the safety of doctors and other healthcare workers.

Besides, the top court took serious note of the mob violence at the hospital and the allegation that the Kolkata police fled the spot and ordered CISF teams to be sent to the hospital to allow doctors to get back to work.

In the writ petition filed in the case initiated by the high court on its own, the MHA said the application “seeks deployment of CISF personnel at RG Kar Medical College, including hostels where resident doctors are staying, to ensure their safety”. “The CISF personnel deployed at RG Kar Hospital are facing serious hardships due to lack of accommodation and lack of basic security infrastructure. The soldiers are currently staying at the CISF SMP unit in Kolkata despite the constraints faced by the host unit,” it said.

The application said that it took an hour to travel from Syama Prasad Mookerjee (SMP) Port in Kolkata to the hospital, which hampered effective discharge of duties and mobilisation of CISF troops for proper and timely response in case of untoward incidents.

In a letter dated September 2, the MHA wrote to the West Bengal Chief Secretary in this regard, seeking appropriate logistical arrangements and security measures required by the police.

“It is stated that since then there has been no response from the State Government to provide adequate support to the CISF personnel who were deployed for ensuring the safety of the residents/staff of RG Kar Medical Hospital as per the order of this Court,” the application stated.

It said that such lack of cooperation from the state government is not expected in a tense situation like the present one. The safety of doctors, especially women doctors, must be the top priority for the state, the motion said.

“It is submitted that the inaction of the State of West Bengal, despite repeated requests, is symptomatic of a systemic malaise wherein such non-cooperation with the Central agencies acting on court orders is the norm. It is submitted that the same amounts to wilful non-compliance with the orders of this Court,” the application stated.

The document states that the state government, lawfully elected by its citizens, should act honestly, especially when the safety of its residents is at stake.

“It is further submitted that such deliberate non-compliance of the orders of this court by the state government is not only disrespectful but also violative of all the constitutional and moral principles that the state is expected to uphold,” it said.

The motion argued that this course of action was adopted by the state with a view to “deliberately creating obstacles” and jeopardising the broader solution-oriented approach taken by the high court.

It was argued that the state was deliberately failing to make efforts to find a solution to the problem and was harming its citizens.

“It is submitted that in view of the unexpected, unjustified and inexcusable action of the State Government as explained above, the present petitioner is compelled to approach this Court as it is in the interest of justice to all that the State Government should extend cooperation to the CISF so that its personnel are able to discharge their duties without any inconvenience,” it said.

The application cited lack of proper accommodation, security arrangements and shortage of transport facilities. It also said that CISF personnel were facing many difficulties in discharging their duties, especially the women contingent.

While hearing the case on August 22, the top court had slammed the Kolkata police for the delay in registering the unnatural death of a doctor who was raped and killed in a hospital, calling it “extremely disturbing” and questioning the sequence of events and the duration of procedural formalities.

The court headed by Chief Justice DY Chandrachud is scheduled to hear the case on September 5.

The murder and alleged rape of a young doctor in a seminar room at a state hospital sparked protests across the country.

The doctor’s body was found with severe signs of injuries in a seminar room in the hospital’s respiratory ward on August 9. The next day, the Calcutta police arrested a volunteer in connection with the case.

On August 13, the Calcutta High Court ordered the investigation to be transferred from the Calcutta Police to the CBI, which began its investigation on August 14. PTI ABA SJK ABA SK SK

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