The Bombay High Court on Thursday (August 6) orally observed that doctors cannot resort to strike under any circumstances, emphasizing that patient lives cannot be put at risk.

"You just cannot resort to strike... Whatever be the situation... There may be 'n' number of reasons for you to go on strike but you just cannot resort to strike... Think about the mankind" a division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad orally said.

The High Court had today morning taken suo motu cognisance Indian Medical Association's (IMA) call for a nationwide 24-hour strike, over state government's decision to permit Homeopathic Practitioners to register with the Maharashtra Medical Council (MMC).

However, when the matter was taken up in the afternoon, Senior Advocate Suresh Kamdar appearing for the IMA informed the Court that the association had withdrawn the strike, though it continued to oppose the State's decision.

He further questioned as to how the Government could permit Homeopathy doctors to practice just like an MBBS doctor. "Doctors study for...but now the Homeopathy practitioners by completing their six months course can practice like MBBS doctors. How can this be permitted?" he submitted.

The bench however said that whatever be the reason or circumstances, doctors should not resort to strike.

ACJ Ghuge orally said, "Suppose during your strike, someone dies and later on in your litigation you win and State's decision is quashed by the court, what about the patient who died? Can you bring him back?".

Meanwhile, Advocate General Milind Sathe and Chief Government Pleader Neha Bhide told the bench that a Government Resolution has been issued on August 3 for constitution of a special committee for framing SOPs with regard to the entire issue. Advocate General said that one of the reasons for permitting homeopathy practitioners to register with MMC is that usually MBBS doctors do not wish to work in rural areas

He further said that at least till the time the separate litigation which is already going on before another bench, is decided, the homeopathy practitioners must be allowed to register with the MMC as there has been no stay to the State's decision.

The bench however questioned the logic behind such a request. It orally said, "What is this? It is like telling an undertrained pilot to fly a plane at least till the plane crashes".

The bench further clarified that since a coordinate bench led by Justice Riyaz Chagla had already part heard the separate litigation, the present bench will not comment any further on the issue over permitting homeopathy practitioners to register with MMC.

"We were only concerned about the health and lives of the people of Maharashtra, thus we took suo motu cognisance. However, we appreciate that the IMA has called off the strike," the court said.

Meanwhile a doctor from the Maharashtra Association of Resident Doctors (MARD) said that the association will continue the protest but will not shut the emergency services.

To this the Acting Chief Justice said, "Suppose I come as a patient to you and you have shut the OPD. I have compounding fracture and bleeding heavily and you refuse to treat citing strike. What if I die later? You just cannot resort to strike... Whatever be the situation..."

After hearing the matter for some time, court appointed Senior Advocate Vineet Naik and Advocate Amogh Singh as Amicus in the matter and directed them to prepare proper pleadings raising grounds specifically against strikes.

The matter is next listed on September 8.