Cal HC Upholds Single-Bench Order Order Allowing Doctor’s Protest In Esplanade

The Calcutta High Court’s division bench on Monday upheld an earlier order permitting a demonstration by a doctors’ organization during the Christmas season to demand swift justice for a medic from RG Kar Medical College, who was allegedly raped and murdered in August.

The incident, described by the court as “unprecedented, unimaginable, and horrible,” has sparked widespread protests among medical professionals in the state.

The state government had challenged the December 20 order issued by Justice Tirthankar Ghosh, which allowed the Joint Forum of Doctors to stage a sit-in near Dorina Crossing in Esplanade, central Kolkata, from December 20-26. The government argued that the protest could disrupt traffic and inconvenience festive-season revellers.

However, the division bench of Justice Harish Tandon and Justice Hiranmay Bhattacharya permitted the demonstration to proceed after receiving assurances from the doctors’ counsel. The protesters agreed to limit their numbers to 100 and remain within the barricaded area designated for the sit-in, in coordination with the state police and administration.

The court also suggested that the protest organizers consider pausing their demonstration on December 25 and resuming it on December 27, asking them to respond to this proposal.

Justice Ghosh’s earlier ruling emphasized that, as professionals, the doctors were expected to minimize disruptions for commuters. The order specified that the stage for the demonstration should not exceed 40 feet in length and 23 feet in width, and the number of participants should be capped at 250 at any given time.

The state’s counsel, Kalyan Banerjee, argued that staging a sit-in at Dorina Crossing during Christmas lacked merit and could hamper public movement. Doctors’ counsel Bikash Bhattacharya countered, presenting video evidence to show that the protests had not caused traffic disruptions or public inconvenience. He further noted that Christmas celebrations predominantly occur in Park Street, not Esplanade.

The protests stem from the tragic death of a postgraduate trainee doctor whose body was discovered in the seminar room of RG Kar Medical College on August 9. The Central Bureau of Investigation (CBI) has filed a charge sheet against the prime accused, Sanjay Roy, a civic volunteer. The charge sheet alleges that Roy committed the crime when the victim was resting in the seminar room during a work break.

Doctors’ organizations across the state continue to demand expedited justice for the victim, with demonstrations highlighting their concerns over the pace of the CBI investigation.

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