Resident doctors at AIIMS, Delhi RML Hospital and Federation of All India Medical Association announced that they were withdrawing their 11-day -long strike following assurance from the Supreme Court on Thursday.

“We are resuming duty following the SC’s appeal and assurances and intervention in the RG Kar incident and the safety of doctors. We commend the court’s action and call for adherence to its directives. Patient care remains our top priority,” the Resident Doctors’ Association, AIIMS, New Delhi, said in a post on X.

The resident doctors’ association of RML Hospital said in a similar statement that they would resume duty from 8 am on Friday. The SC on Thursday directed doctors protesting over the Kolkata rape and murder incident, to resume work and assured them that no adverse action would be taken after they rejoin.

The court said judges and doctors cannot go on a strike since they deal with matters involving life and liberty.

“Justice and medicine cannot afford to be stopped. Can we (judges) go and sit outside the Supreme Court now?” the bench headed by Chief Justice D Y Chandrachud asked.

The  bench comprising Chief Justice of India DY Chandrachud, Justice JB Pardiwala and Manoj Misra,  was hearing the matter of the progress of the investigations by the two separate agencies — Central Bureau of Investigation (CBI) and Kolkata police in the  the alleged rape and murder of a woman doctor at R G Kar Medical College and Hospital in Kolkata.

“Justice and medicine cannot afford to be stopped. Can we (judges) go and sit outside the Supreme Court now?. How can public health infrastructure run if doctors don’t resume work? ... Justice and medicine cannot go on strike. Can we go and sit outside the Supreme Court now?” CJI Chandrachud remarked.

The bench also ordered the West Bengal government not to penalise those peacefully demanding justice. The court, however, clarified that it has not injuncted the state government from exercising such lawful powers.”When we say peaceful protesters will not be disturbed, we also mean proper protocol will be followed,” the bench said.

“…this Court has taken measures to ensure the institutionalization of the concerns of the medical professionals in terms of the previous order dated 20 August 2024, it is only to be expected that doctors would now return to work,” the bench said in its order.

“An apprehension has been expressed on behalf of the doctors stating that they are being proceeded against for the protests which took place in the past. We are expecting compliance with the assurance which has been given to the Court that the doctors would join normal duties. In the meantime, ifany adverse action has been taken against any protesting doctor for protests which have been carried out prior to the date of this order, no coercive steps shall be taken against them”.

“During the course of the hearing, counsel representing several resident doctors associations have indicated to the Court that the doctors are willing to go back to work and their duties. However, it has been submitted that the State Governments may take a considered view on putting into place at least some safety measures to assuage the concerns of the doctors,” the bench said in its order.

The bench expressed its worries over the ‘inhuman working hours’ of resident doctors all over the country flagged the hectic work schedules to also be considered by the National Task Force (NTF) which is mandated to recommend uniform safety protocols for medical professionals. “We are deeply concerned about the inhuman working hours of resident doctors across the country. Some doctors work 36-hour shifts. The committee appointed should look into streamlining the on-duty hours of all doctors. The 36 or 48 hour shifts are just inhuman,” the CJI said. Justices JB Pardiwala and Manoj Misra were also on the bench.

The Court also directed that the NTF take into consideration the suggestions made by the resident doctors and all other representatives relating to the medical profession.

As the hearing commenced, a counsel representing the resident doctors of the All India Institute of Medical Sciences (AIIMS) in Nagpur submitted that the protesting doctors are being marked absent and not allowed to sit in exams.The bench said, “We cannot direct the administration to mark them present when they are absent. If they resume duty, we will order a lenient view.”

The court requested the protesting doctors to immediately resume their duties so that patients from marginalised sections and other needy people do not suffer. “An apprehension has been expressed by the doctors that some of them are being proceeded against with respect to protests that happened in the past. We are expecting that in compliance with the assurance given to the court, the doctors will join the duties. “Let there be no coercive action against doctors after they come back to work after today’s order for any protest that happened before the date of today’s order,” the bench, also comprising Justices J B Pardiwala and Manoj Misra, said. The Delhi Medical Association told the court that FIRs have been lodged against certain doctors from the AIIMS, who took part in protests.

The court expressed concern over the fact that doctors at the AIIMS have been protesting for 13 days and asked them to get back to work. It may be recalled that on the previous date of hearing on Tuesday,  the Court had urged the protesters to return to their duties.

The top court also asked political parties not to politicise the case and said “law will take its course”. The bench told Solicitor General Tushar Mehta, appearing for the CBI, and senior advocate Kapil Sibal, representing West Bengal government, that across the political spectrum, parties have to realise that law will take its course.

Submitting that statements should not be made, Mehta said, “A sitting minister of the State of West Bengal has made a statement that if anybody talks anything against our leader (Mamata Banerjee), his fingers will be chopped off.”  Retorting to his submission, Sibal said that “leader of opposition Suvendu Adhikari has said bullets will be fired”.

The bench said, “Do not politicise the situation. Across the political spectrum, parties have to realise that law will take its course. We are ensuring that law does take its course after quick investigation.”  The top court said it is concerned with safety and welfare of doctors and will pass enforceable directions on the issue.

TMC minister Udayan Guha has sparked controversy by claiming that fingers of those blaming West Bengal Chief Minister Mamata Banerjee and demanding her resignation over the RG Kar hospital incident would be broken.  While talking to a news channel, Adhikari had allegedly said, “Resign by Monday or you (Mamata Banerjee) will be held responsible or bullets are fired on Tuesday.”

The rape and murder of the junior doctor in a seminar hall of the state-run hospital has sparked nationwide protests.