'If Doctors Can't Be Protected, Shut Down All Hospitals': Kerala High Court Slams State, Police Over Doctor's Murder By Man In Custody Brought For Checkup

In an urgent special sitting convened today, the Kerala High Court slammed the State and Police authorities for their failure to prevent the gruesome murder of a 23-yr-old house surgeon who was stabbed multiple times by an injured man brought to the government hospital in police jeep. The unfortunate incident happened early this morning.

"If doctors can't be protected, shut down all hospitals," a Division Bench comprising Justice Devan Ramachandran and Justice Kauser Edappagath orally remarked, while slamming the police for failing in its duty to protect the young female doctor. "You have failed this girl. This is a case where you brought a man from your custody. The police should have maintained continuous vigilance," it added.

The 23-year-old house surgeon was allegedly stabbed multiple times by the attacker, Sandeep, who is a school teacher. The attacker who was in police custody was brought to the Kottarakkara Taluk Hospital for treatment of his injuries. While he was being treated, he turned violent and proceeded to stab the victim with dressing room scissors. 

In view of the shocking incident, the High Court convened a special sitting in the case, in which it had earlier passed directions to ensure the safety of doctors and hospital staff from public attacks.

The Court further observed that the perpetrator had exhibited abnormal behaviour when he was apprehended and the police should have been vigilant and should have anticipated such an incident:

"The moment he exhibited abnormal behaviour, the police should have intervened. Security systems should have taken steps which are fool proof. He should have been restrained. Policing is to understand and anticipate the unanticipated. We don't need you otherwise. Should it not be your first and foremost responsibility to ensure there is no violation of law?"

The Court also stated that there should be a protocol in place for presenting an accused before doctors, similar to the one followed for Magistrates: 

"What is the protocol for presenting accused before Magistrates? There are hundreds of accused produced before magistrates, even at night. Why is it that such protocols are not followed when presenting them before doctors? Are you saying doctors are not important? Because in our view they are. They turn the wheels of the justice system. This is why we are asking for the protocol followed in the other instance and we want the same to be followed with respect to doctors also."

In this regard Justice Ramachandran said "Leaving a patient of this nature alone with the doctor is a sure recipe for disaster. To say that the police will stand outside when he has been brought before a lady doctor is a recipe for disaster."

The Court while expressing its deepest condolences to the family and friends of the victim said "Imagine the plight of the parents. They send their daughter to the hospital not to work but to serve and she is brought back in a coffin.The worst nightmare has happened today. Has this happened before in any other country or are we the first in this also?" 

The Court has posted the matter for further consideration tomorrow. The State Police Chief has been asked to submit a report by tomorrow morning. 

The Court while dictating the order said the CCTV visuals of the rooms/places of occurrence of the incident that led to the of the doctor shall be preserved and the Superintendent of the Hospital would be personally held responsible if found otherwise.  The Court also requested the JFCM Kottarakkara to visit the Taluk Hospital and conduct physical inspection of the scene of incident and report to the Court by tomorrow.

The Court also observed that every order passed in this case, shall apply to interns, students, and every person in the medical field without any reservation. However, it granted liberty to the state to seek modification of this direction.

Sr. Adv. Gopakumaran Nair appearing on behalf of IMA submitted before the court that the incident has shocked the entire medical community, "Our entire organization is shocked. If this is not failure of policing, what else is? There is no justification for such an incident."

Stating the such an incident will prevent people from joining the profession, due to feeling unsafe, the Court said, "How can young girls be house surgeons and work at night now? Doctors have gone on strike today and for the first time, even we cannot stop that. But imagine how many people are facing hardship because of it."

The Court had earlier asked the government to come out with suggestions, including on legislative intervention, to curtail the attacks on medical personnel, pursuant to which it had been informed by the government that a move to amend the Kerala Healthcare Service Persons and Healthcare Service Institutions(Prevention of Violence and Damage to Property) Act, 2012 was being considered. 

Click Here To Read/Download The Order