Slamming the police for their failure to anticipate and prevent the attack and the gruesome murder of house surgeon Vandana Das at the Kottarakara taluk hospital, a Division Bench of the Kerala High Court on Wednesday directed the State Police Chief to appear before it online on May 11 and file a report on the incident.
The Bench comprising Justice Devan Ramachandran and Justice Kauser Edappagath also directed the Judicial First Class Magistrate, Kottarakara, to visit the taluk hospital and conduct a physical inspection of the scene of the incident and file a report before the court.
The court ordered that the CCTV visuals of the rooms/places of occurrence of the incident that led to the death of the doctor be preserved and said the superintendent of the hospital would be personally held responsible if found otherwise.
The court passed the directives at a special sitting held against the backdrop of the doctor’s murder. The court pointed out that “the person accused of the gruesome murder of the doctor was accompanied by the police and other persons and none of them could avert the ghastly fate of the doctor. The police couldn’t protect her and the reasons would have to be explored and found.”
The court orally observed that policing “is to anticipate the unanticipated.” How did the police treat the nurses and the house surgeon so casually. “You are experts at giving protection to VIPs, including us. The girl should have been treated like a VIP.”
Lacked vigilance
The perpetrator had exhibited abnormal behaviour when he was apprehended and the police should have been vigilant and should have anticipated such an incident. Leaving a patient of this nature alone with the doctor is a sure recipe for disaster, the court orally observed. “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 that there is no violation of law? the court asked.
“You have failed this girl. This is a case where you brought a man from your custody. The police should have maintained continuous vigilance,” the court added.
Complete breakdown
Observing that the gruesome murder “prima facie established complete breakdown of a protectional system which is expected to take care of her,” the court added: “we are like any other like thinking citizens, shocked and distraught by the tragic events, and literally feel helpless in not having been able to ensure that Dr. Vandana Das lived a full life.”
‘Protect or shut down’
The court also asked: “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.” At one point of time during the hearing, the court said: “if doctors can’t be protected, shut down all hospitals.”
The court also made it clear that the orders earlier passed by it regarding protection shall apply to intern, house surgeons, postgraduate students and every other persons in health sciences education without any reservation.
The Kerala University of Health Sciences has filed a petition seeking to extend the orders to cover interns, house surgeons and other medical students.
The court also asked the government to inform the court whether the protocol followed when the accused or persons in custody are presented before the magistrates can be made applicable when such persons are brought before doctors, nurses and other health-care professionals.
