Taking a suo moto cognizance of news reports published in daily newspapers about the pan-state strike of junior doctors in State Medical Colleges and King George’s Medical University following the misbehavior of an MlA of Kanpur with them, the lucknow bench of the Allahabad high court, on Wednesday, directed the state government to conduct a judicial inquiry asking the government to ensure transfer of senior police officers including the SSP, Kanpur immediately.
The bench comprising justice Imtiyaz Murtaza and justice Devendra Kumar Upadhyaya issued the aforesaid directive.
The court observed that the news of doctors in the medical colleges going on strike every now and then had been engaging attention of all concerned including the Court. The court further observed that in last two days, reports of strike was widely been reported in all newspapers that junior doctors in all State Medical Colleges, King George’s Medical University, lucknow and Sanjay Gandhi Post Graduate Institute of Medical Sciences, lucknow had been striking the work in the hospitals associated with these medical colleges paralyzing the entire patient care system to the extent that at least 30-40 deaths in last two days have been reported on account of strike.
The court observed that apparent cause of strike was the alleged misbehavior by an M lA, from Kanpur with the junior doctors and Senior and Juniors Residents of Ganesh Shankar Vidyarthi Medical College, Kanpur. “The district and police administration had their own version of the incident whereas junior doctors, who at present are at loggerhead with the police, have their own version of the incident,” the court observed.
The court observed that whosoever may be at fault, it is the patients who are the sufferers and are bearing the brunt of the crisis. “We also notice that despite there being such a grave situation where even deaths of patients are being reported on account of the fact that they are not being attended to, no efforts by the State Government to resolve the situation appear to be insight,” the court observed.
The court directed Senior Advocate, J.N. Mathur, to assist the Court as Amicus Curiae and also directed Additional Advocate General Bulbul Godiyal to apprise the State Government of the concerns of the Court in regard to the strike and its fall out. The court appointed retired high court judge Justice RM Chauhan to conduct a judicial inquiry and submit the report within a period of three weeks.
The court observed that at this juncture junior doctors will concede to the request made by the court to revoke the strike immediately. The court came down heavily on striking doctors saying that it may compel the court to observe further that any indulgence in any kind of strike henceforth may amount to disobedience of the orders of the Court which is punishable under Contempt of Court Act and it may also attract penal consequences in terms of the offences punishable under Indian Penal Code.
“The State Government is also directed to provide all necessary infrastructure and adequate staff to the Enquiry Commission within three days. The case had been listed on 10th March, 2014 on which date, an affidavit into the issues which have emanated from this petition, shall be filed by the Principal Secretary,
Medical Education, Principal Secretary, Home, Vice Chancellor, King George’s Medical University, lucknow and the Director, Sanjay Gandhi Post Graduate,” the court said in it order.