Thread by @LiveLawIndia

The Kerala HC is set to continue its hearing on the case relating to the tragic death of a 23 year old house surgeon in Kottarakkara who was brutally stabbed to death by a school teacher yesterday.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

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

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

The Court had, yesterday, slammed the State and Police authorities for their failure to prevent the gruesome murder of the young doctor, and the State Police Chief was asked to be present online.

The report on the previous hearing can be found here:

livelaw.in/high-court/ker…

The matter has been taken up.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Adv Kannan refers to the court's direction yesterday that the Healthcare Act shall apply to every Intern, House Surgeon, Post Graduate student etc.

Adv. Kannan submits that the Act already includes interns and trainees as well.

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Justice Ramachandran: We understand that there is a small section who finds pleasure in cyber bullying this Court. Our intentions are clear.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran: This new concept of cyber war we are not aware and we don't care.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran: This issue has figured a larger issue for the people. Look at the people waiting at hospitals. We cannot turn a blind eye to that either.

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Justice Edappagath: Today also there is a strike right?

Counsel affirms the same.

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Justice Ramachandran: Normally, a strike like this, we would have come down very heavily.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran: This is fear. How will someone work in fear, when such an incident happened in the presence of police? We are happy to hear the Govt is with us.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran: But we are telling you this Court's resolve cannot be broken by those people who believe they can do so. They are in the shadows. We don't care.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran: Those people who use cyberspace to justice are those who want trouble.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran: Another thing you must understand is this is not a suo motu action. We were requested to sit by the Acting Chief Justice. It is on a petition by the University.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran: Shocking that anybody should make an action to justify. Everytime its sought to be justified, there will be more such actions. We must all say it was wrong. There can be no two views on it. We must all condemn it, and we won't take it lying down.

#KeralaHC… twitter.com/i/web/status/1…

Justice Ramachandran: Didn't you see how the family and town was grieving yesterday? The whole town was there. Every time you justify this, a greater event will happen.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran: Responsible people made irresponsible statements in the past and made it seem that hitting a doctor is okay. This happened even during COVID and we had stepped in at that time. Remember? At that we warned you, worse things can happen.

#KeralaHC… twitter.com/i/web/status/1…

Justice Ramachandran: But now what worse thing can happen? Only the numbers can go up, which we will not allow

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Sr. GP S. Kannan hands over the preliminary report to the bench.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Edappagath: How many policemen were there?

Sr. GP Kannan: 3 milord

Justice Edappagath: It says here, Sandeep followed Vandana into the room, where were the police then?

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Edappagath: The police who was accompanying the patient, where was he, when she was attacked?

Sr. GP Kannan: We shall ascertain My Lord

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Court peruses the second report.

Justice Ramachandran: The report says the same protocol followed for Magistrates, to be followed for doctors. The day is not far when magistrates may also be attacked. It is time for you to pull up your socks.

#KeralaHC #DoctorDeath… twitter.com/i/web/status/1…

Sr. G P Kannan: He was not an accused in this case milord.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran: The report says he was showing disorderly behaviour. He was there after a scuffle, with injuries. Are you saying that the police did not do any background check before presenting him before two ladies?

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran: We are not blaming the police men but the systemic failure which led to the death of a doctor for the first time. Never in Kerala has this been heard of before. We don't know if it has happened elsewhere. So we are in unchartered territory now.

#KeralaHC… twitter.com/i/web/status/1…

Bench: There are whispers that he was under the influence and that he was undergoing de addiction treatment.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran: If the government doesn't justify, why should these people do so? She was serving the people. The woman was doing a service, at 3 AM in the morning, she was there to serve. The system has failed her, us and her parents.

#KeralaHC #DoctorDeath… twitter.com/i/web/status/1…

Justice Ramachandran: We can only apologize, what else can we do?

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State Police Chief Anil Kant asks if the ADGP Ajith Kumar could make a small presentation on the sequence of events.

Court permits the same.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

SPC: At 1:06 a call is received from Sandeep (accused) to the police control room.

The recording of the call is being played.

SPC: This is the first call that came at 1:06.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

SPC: The Police tried to contact the number again but it was switched off. At 3:40 A.M., we received a call from Sandeep again.

A recording of the second call is being played in court.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

SPC: This is the second call in the call room. The night patrolling team tried to locate him.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

SPC describes the series of events, with the help of the diagram of the Taluk Hospital.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran: How many police officers accompanied the accused? Give us the specifics.

ADGP: 3 along with the driver.

Justice Ramachandran: Did the driver go inside when the accused was taken to the doctors? How many went inside specifically?

ADGP: 2 went inside.… twitter.com/i/web/status/1…

Justice Ramachandran: So how many were there when the accused was taken into the procedure room?

ADGP: It was closed, Sir.

Justice Ramachandran: We are not blaming individual officers, we are talking of the systemic failure and how to address it.

#KeralaHC #DoctorDeath… twitter.com/i/web/status/1…

Justice Ramachandran: So this man was violent inside the procedure room?

ADGP: Not inside the procedure room.

Justice Ramachandran: This is a recipe for disaster. It's not a blame game, but you have to take responsibility for the same.

#KeralaHC #DoctorDeath… twitter.com/i/web/status/1…

Justice Ramachandran: What we lack in our State is responsibility and accountability. Imagine that young girl ADGP. She's very young. She was scared, ran away and was transfixed. Where were these officers to help her?!

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran: Even if a police officer lost his life, a doctor cannot be exposed since a doctor is not expected to face this kind of situation but a police officer is. Are you not like a soldier? Everybody ran away after getting one stab.

#KeralaHC #DoctorDeath… twitter.com/i/web/status/1…

Justice Ramachandran: This man stabbed her 11 times. I don't know how we can justify this. We are not blaming you, this is an open discussion. We are concerned because the police failed Vandana, all of us failed her and her family. We cannot pardon ourselves.

#KeralaHC… twitter.com/i/web/status/1…

Justice Ramachandran: We lost a child, it should not happen again. This is why we are asking you to answer, SPC.

ADGP: Shall I continue the presentation?

Justice Ramachandran: It is not necessary, Ajith, since we're not doing a post mortem of what happened.

#KeralaHC… twitter.com/i/web/status/1…

Justice Ramachandran to the police: It is for the police to continue with the investigation. When you do the investigation, we beseech you, do it for the soul of the young girl Vandana.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran: What do you propose to do, so this does not happen again?

ADGP explains the team for night patrolling.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran: If I go to the site and I see a man with a stick on his hand and injury, I would ask the others what happened. Do you simply just pick him up, take him to the hospital and expose him to young ladies like Vandana?

#KeralaHC #DoctorDeath… twitter.com/i/web/status/1…

ADGP: We will see a new protocol is implemented in the shortest period of time.

Justice Ramachandran: You can't simply leave the accused or person in custody before the doctor, stand outside and watch the show.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

ADGP points at earlier Order which indicates that police should stand at sufficient distance.

ADGP: Now we have to develop new protocol on the proximity at which the police has to stand etc. It will be done at shortest possible time.

Justice Ramachandran: By then next… twitter.com/i/web/status/1…

Justice Ramachandran: We are not concerned with how you implement. That is now your headache. The security is your headache. We are just concerned that it has to be provided to all hospitals.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

ADGP submits that new protocol will be implemented within one week.

ADGP says there isn't enough police to man all hospitals but that there is a force called SISF - State Industrial Security Force. Submits the same could be hired.

ADGP: SISF officers are young, trained,… twitter.com/i/web/status/1…

Justice Edappagath: Only private hospitals will be willing to pay.

ADGP: If they are willing to pay, we can provide them.

Justice Ramachandran: But what about Govt. And Taluk Hospitals? Govt. Would have to pay. ADGP you needn't worry about private hospitals now, they may come… twitter.com/i/web/status/1…

Justice Ramachandran: This feeling of entitlement of areas and hospitals has to go. We are not talking about patients and bystanders, but this cannot be a place where anybody can create a ruckus and walk in.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran: Why doesn't it happen in big hospitals? Before there the reaction will be swift.
ADGP, you tell us what to do. You're the experts. And we will record it.

SPC: We will prepare the protocol, Sir.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

ADGP: GP can consult the Govt. These are our department suggestions.

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Justice Ramachandran: You please make sure that doctors are appropriately assuaged and assured. This is what we tried to do yesterday. We are not against anyone.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran: You are virtually telling us that you have no protocols to deal with such events.

ADGP: We have protocols, but not sufficient..

Justice Ramachandran: That is exactly what we said. You have protocols but not effective enough.

#KeralaHC #DoctorDeath… twitter.com/i/web/status/1…

ADGP: If Sir permits, I can show first CCTV visual of the entry.

Justice Ramachandran: What is the use?

Court permits the screening of the CCTV visuals. The same is being shown presently.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctor

Justice Ramachandran: The system was wrong. The system was failing. All our systems have become very casual. The police force must be a professional force. That discipline should be there.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran: Can you anticipate such an incident or another one elsewhere?

ADGP: We are showing these visuals to show that he (the accused Sandeep) had a very normal behaviour. Like a very normal person who had been injured.

#KeralaHC #DoctorDeath… twitter.com/i/web/status/1…

Justice Ramachandran: Was there alcohol in his breath?

ADGP: He was an alcoholic, but..

Justice Ramachandran: ADGP, simple question is you are bringing a person, so are you not responsible?

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

ADGP: We agree, Sir. We should spare our lives for others.

Bench: We are happy you agreed now.

Justice Ramachandran: What is a policeman supposed to do in order to save a girl? What is reasonable force that can be used?

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

ADGP: I can quote many cases from my department alone who have spared their lives for others.

Justice Ramachandran: Absolutely right. We have always said our Police force is one of the finest and have said that we sleep well because of you. But what about this incident?… twitter.com/i/web/status/1…

ADGP: We will develop protocols.

Justice Ramachandran to the Sr. GP : They're saying whatever protocols they've developed, they want Govt. to stand with them.

Sr. GP Kannan: I shall take instructions.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

KGMOA seeks to file an impleading application.

Court says that the application can be filed.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran to IMA Counsel Sr. Adv. Gopakumaran Nair:

We are seriously into the matter. We are making police responsible for security of all hospitals. ADGP is fair enough to say there was a systemic failure. They are also taking steps, so why do you want to continue… twitter.com/i/web/status/1…

Sr. Adv. Nair: This is an exceptional situation...

Justice Ramachandran: What if someone loses their life or there's a catastrophic situation?

Sr. Adv. Nair: We have exempted Casualty. But yes, I will advise my clients.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran: This is not judicial activism. But some people like to make it seem so.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Justice Ramachandran: We will ask SPC to come back to us. We will list this once the Court resumes regular sitting after vacations.

Bench tells Dr. Rajeev Joshi who appears on Video Conferencing that it would hear him after reopening of the Court.

#KeralaHC #DoctorDeath… twitter.com/i/web/status/1…

Sr. Adv. Gopakumar Nair: Are your Lordships going to issue any specific directions?

Bench: We will record the submissions and regarding the protocol.

Court proceeds to dictate the Order.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Order: Sr. GP informs no modification is required....As directed by us, the SPC has appeared online assisted by the ADGP. The SPC and ADGP explained in detail the manner in which the incident happened..

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors

Order: We are concerned that this does not happen in the future.

#KeralaHC #DoctorDeath #ViolenceAgainstDoctors