Thread by @LiveLawIndia

The Kerala High Court is set to hold a special sitting at 1.45 P.M. today in the case pertaining to the death of the 23-year-old Dr. Vandana Das at Kottarakkara Taluk Hospital.

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The young house surgeon was allegedly stabbed multiple times by an Upper Primary School teacher today, during the course of the latter's treatment.

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The matter is before the Division Bench comprising Justice Devan Ramachandran and Justice Kauser Edappagath.

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The matter has been taken up.

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Justice Ramachandran: This is what we have been continuously saying every time this case was taken up. And this is not a sitting we take pleasure in. We begin by expressing our deepest condolences to the family and friends of the victim.

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Justice Ramachandran: It is a huge tragedy.. a misery that has fallen on a young lady.

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Adv. Sreekumar: Parents and students are afraid.

Justice Ramachandran: Every time this case has been taken up, we have been saying this.

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Justice Ramachandran: The worst nightmare has happened today. Has this happened before in any other country or are we the first in this also?

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A counsel briefs the Court on how the attacker had been taken in the police jeep to the hospital. The counsel informs that the incident happened in the dressing room of the hospital.

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The counsel is now taking the Court through the series of events which led to the young doctor being stabbed by the attacker.

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Justice Edappagath: Did he show any signs of violence?

Counsel: No, My Lord.

Justice Edappagath: Was he intoxicated.

Counsel: That I am not sure, My Lord. I have not received any instructions.

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Justice Ramachandran: He was already exhibiting abnormal behaviour, the police asked him to be taken to the hospital, he refused to take the ambulance, he wanted to take the police jeep.

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Justice Ramachandran: We are not jumping into conclusions, but we are concerned with the matter.

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Justice Ramachandran: We cannot anticipate life. That is what policing is about. They should anticipate. Look at the loss of the family. For what? All because she tried to be a good doctor and treat a patient.

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Justice Ramachandran: The moment he exhibited this kind of behaviour, the police should have intervened. Security systems should have taken steps which are fool proof. He should have been restrained.

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Adv. Kannan: Taking note of Your Lordship's last order, all steps had been taken.

Justice Ramachandran: How can you say that now? We had thought if we intervene in such small instances, we wouldn't have to deal with something like this.

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Justice Ramachandran: What kind of policing is this? Their fundamental duty is to protect. Please put yourself in her place. Look at the fear she must have had.

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Justice Ramachandran: Courts are supposed to act without emotions, how can we be without emotions in this case?

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Adv. Kannan: Further attacks were prevented, he was stabbing many.

Justice Ramachandran: What are you saying? What more could have occurred?

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Justice Ramachandran: It is a complete failure. A young girl died. In our last Order we had said that if this continues lives could also be lost.

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Justice Ramachandran: What is the protocol for presenting accused before Magistrates? There are hundreds of accused produced before magistrates, even at night.

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Justice Ramachandran: 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.

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Justice Ramachandran: It is the duty of police to protect doctors, hospital staff, healthcare personnel etc.

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Justice Ramachandran: What is happening with amendment to the Act?

Adv. Kannan: It is being processed.

Justice Ramachandran: This is the problem. This was our worry. It happened while we were seized of the matter.

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Justice Ramachandran: We are terribly worried and distressed. Any human life is precious, especially in the case of a young woman.

Justice Kauser informs that she was a single child.

Justice Ramachandran: My God, what will we tell the parents?

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Justice Ramachandran: Why was she not given treatment in Kottarakara itself? Why was she taken to Trivandrum?

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Justice Ramachandran: This was a government hospital. Tell us what you and the police propose to do.

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Counsel asks for time for getting instructions.

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Justice Ramachandran: 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.

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Justice Ramachandran: This man has managed to injure many including police and even kill a young lady. That too with surgical scissors.

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Justice Ramachandran: This is why we are asking for the protocol followed in the other instance and we want the same to be followed wrt doctors also.

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Justice Ramachandran: 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 the lady is a recipe for disaster.

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Sr. Adv. S. Gopakumaran Nair: This is a clear case of failure of police. They all after receiving minor injuries scattered away leaving the poor girl alone. The police should've remained close anticipating such events.

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Sr. Adv. Nair is appearing on behalf of IMA.

Sr. Adv. Nair: Our entire organization is shocked. If this is not failure of policing, what else is? There is no justification for such an incident.

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Justice Edappagath lists the names of certain doctors and ambulance driver who had been eyewitnesses of the incident. Adds that if their statements are examined, the entire event would be clear.

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Justice Ramachandran: 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?

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Justice Ramachandran: 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.

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Justice Ramachandran: You have failed this girl. This is a case where you brought a man from your custody. The police should have maintained continuous vigilance.

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Justice Edappagath: This was taken in a casual manner.

Justice Ramachandran: Yes, they treated it in a very casual manner.

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Justice Ramachandran: It is Vandana Das' memory that has now put us here. Which parent will now let their children go as house surgeons? Or can you manage your hospitals without doctors and house surgeons?

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Justice Ramachandran: Please, at least now, treat Doctors as VIPs. They are very important.

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Justice Ramachandran: I'll give you another situation. Drunkards and all are brought by police before the doctors who are mostly girls and ladies. Especially in Kerala, there are mostly ladies.

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Justice Ramachandran: The government should now act. We want report of the State Police Chief tomorrow. And we want State Police Chief to come online tomorrow.

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Justice Ramachandran: This is the least we can do for that wonderful doctor and her distraught family. There should be a protocol. If this can happen to doctors now, it can happen to Magistrates, Judges, and others.

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Justice Ramachandran: This girl was trapped. This man sits on and stabs her. We can't imagine. Just imagine her fear.

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Justice Ramachandran: We will do everything possible. We will not forget this incident.

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Justice Ramachandran: We will give time for getting instructions, but we want you to give protection to interns and doctors. We will be sitting tomorrow in the morning.

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Dr. Rajeev Joshi is present on videoconference. He thanks the Court for taking up the matter.

Justice Ramachandran: Do not thank us because she is our daughter.

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Court now dictates the Order.

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Order: In a shocking turn of events a young house surgeon has been killed on duty. We must say, what we are seeing now is something we had feared while considering such matters.

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Order: The young doctor, Dr. Vandana Das was a bright student on the threshold of a brilliant career as a medical professional.

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Order: She was serving the Taluk Hospital Kottarakkara as a house surgeon when the afore incident happened snuffing her life and the aspirations of her parents.

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Order: Pertinently, the person accused in the gruesome act was accompanied by police, including a home guard, but none of them could avert the ghastly incident.

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Order: The police men could not protect her and the reason for this need to explored.

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Order: Of course, we are cognizant that the police were also injured when the accused attacked them.

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Order: The Sr. Govt Pleader S Kannan did not try to justify but tried to point out that the established protocols had been followed.

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Order: We are afraid to say we cannot accept this. When the doctor was killed in this manner, it shows a complete breakdown of the system.

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Order: In the past when this matter was considered by us , the govt had been promising that it would be considering amendment to the Healthcare Act. However, no tangible results have been brought to our notice.

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Order: The answer to this by Sr. GP S Kannan was that the govt was actively considering it albeit without giving any time frame.

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Order: This court has been passing orders, including any attack against any medical professional would be taken cognizance of within a one hour period.

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Order: We are still not aware if these directions have been clearly implemented. We have to be informed of the same.

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Order: Coming back to the incident we are presently focused on, we deem it necessary to issue certain preliminary directions today itself so that effective orders can be then issued in the days to come.

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Order: A. The CCTV visuals of the rooms/places of occurrence of the incident that led to the unfortunate death of Dr. Vandana Das be preserved and the Superintendent of the Hospital shall personally ensure it and will be held responsible if found otherwise.

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Order: B. We request the JFCM Kottarakkara to forthwith visit the Taluk Hospital and conduct physical inspection of the scene of incident and report to us by tomorrow.

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Order: Every Order passed in this case, as also the provisions of the aforementioned Act shall apply in full force to every intern, house surgeon, PG Students, and every other person engaged in the medical education field without any reservation...

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Order: ... and all Orders shall be implemented in its letter and spirit as far such sections are also concerned.

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Order: We however leave liberty to Sr. GP S. Kannan, to seek any modification of this direction, since we are aware that we have done so without giving him sufficient opportunity to obtain instructions.

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Order: Before we close, we had asked the Sr. GP as to the protocols followed in presenting the accused/persons in their custody before Magistrates. He submitted that there are protocols in force followed scrupulously to ensure that the Magistrates are not attacked.

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Order: Prima facie we would assume that such protocols or similar should also be followed for doctors. We requested the govt. pleader to get instructions in this regard.

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Order: We must ensure that the healthcare sector is sufficiently assured for being able to work without such deleterious consequences. We direct the SPC to appear before us online at 10.15 AM tomorrow...

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Order: ... and within that time, a report from his side wrt the incident we are now engaged with, is filed.

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Court orally remarks: Extraordinary circumstances require extraordinary response. Which is what we are doing now. We have never responded like this in the past.

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Order: 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.

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Order: The least we can do is to place on record our deep felt condolences to the family, friends, relatives, colleagues, and classmates of Dr. Vandana Das, and assure them that her sacrifice will not be forgotten easily.

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Order: Standing Counsel for the University P. Sreekumar submits that he was constrained to file the IA because the student community now feel unsure and unsafe to work as interns and house surgeons in govt. hospitals.

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Order: He submitted that Orders were issued by the Court to assuage their apprehensions, things may take a turn for the worst in the days to come particularly because the students are already on a path of strike.

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*unless Orders were issued

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Order: List at 10.00 A.M. on 11.05.2023.

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Hearing ends. Bench rises.

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