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The Indian Supreme Court (SC) on Monday (Sept 9) directed the protesting doctors in West Bengal, who are abstaining from duties as part of the agitation against the brutal rape-murder of a trainee post-graduate doctor at Kolkata's RG Kar Medical College Hospital, to immediately return to work, a report by LiveLaw said.

The Supreme Court said if the doctors returned to work by 5 pm on Tuesday, no action would be taken against them. The top court on Monday took up the suo moto case of the rape and murder of the doctor at the institute. 

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It perused the status reports filed by the West Bengal police and the Central Bureau of Investigation (CBI) and posted the matter for further hearing on September 17. The court also directed the CBI to submit a fresh status report on the investigations in the case by September 17.

'No action against doctors who return to work'

Senior Advocate Kapil Sibal, who was appearing on behalf of the state of West Bengal, undertook that no punitive action, including punitive transfers, will be ordered against the doctors who return to work.

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Also read | West Bengal governor urges CM Mamata to dismiss Kolkata police chief, call emergency cabinet meeting

Sibal submitted that 23 patients have lost their lives due to the absence of doctors and six lakh persons have been denied treatment. He also pointed out that the doctors' protest has paralysed the health system.

Senior Advocate Geeta Luthra, appearing for an association of resident doctors, submitted that the doctors are protesting because of their genuine apprehensions and that junior doctors are getting several threats and facing bullying. She added that doctors are giving voluntary services outside hospitals.

The report said that the court was categorical that the doctors must return to their duties.

'If doctors don't resume work...'

"We have given two days. The young doctors must now return and resume work. We know what is happening on the ground... First, return to work.. the District Collectors and the Supdt of Police will ensure safety," Chief Justice of India (CJI) DY Chandrachud said in an oral order.

"You have to now return to work and if you do not come to work, do not hold anyone responsible for disciplinary action against you. You cannot say that seniors are working so we will not," Chandrachud said.

"Protest cannot be at the cost of duty," he added and pointed out that if the doctors did not resume work, then the court could not stop the state government from taking disciplinary action.

The above developments came as the Mamata Banerjee government has been facing nationwide outrage for the mishandling of the case. Even, a TMC Rajya Sabha MP, Jawhar Sircar, shared his discontent over the faulty handling of the case by the Mamata government and announced that he will resign from the Rajya Sabha and the party.

On Monday, Chief Minister Mamata Banerjee said that the doctors are staging the protest without permission.

She requested the doctors to return to work. Banerjee also claimed that West Bengal Police Commissioner Vineet Goyal wanted to resign but she did not accept his resignation. 

CJI inquires about missing document in Kolkata case

A critical document, necessary for the post-mortem, came under scrutiny during the Supreme Court hearing in the Kolkata doctor's rape and murder case. Chief Justice of India DY Chandrachud raised concerns about the missing challan, noting that an autopsy cannot be conducted without it. Senior Advocate Kapil Sibal, representing the West Bengal government, admitted that he could not locate the document at the moment.

The issue surfaced when a lawyer involved in the case questioned whether the victim's clothing had been presented during the autopsy.

In response, the Chief Justice asked about the document that should have accompanied the body for the post-mortem after the inquest. The Chief Justice said, "It is important because it has a column showing what clothes and articles were sent along with the body, we want to see that."

(With inputs from agencies)