Thread by @LiveLawIndia

The Kerala High Court is set to continue its hearing on the case relating to the tragic death of a 23-year-old house surgeon, Dr. Vandana Das, who was brutally stabbed to death earlier this month.

#KeralaHC #KollamDoctorMurder #DrVandanaDas

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

#KeralaHC #KollamDoctorMurder #DrVandanaDas

The Court had earlier observed that it was lack of protocols and systemic failure that led to the tragic death of the young doctor.

The report on the previous hearing can be read here:

livelaw.in/high-court/ker…

A lawyer had also approached the Court seeking Rs. 1 Crore compensation for the bereaved family members of Dr. Vandana, and the High Court had yesterday, issued notice to the State authorities.

#KeralaHC #KollamDoctorMurder #DrVandanaDas

livelaw.in/high-court/ker…

The details regarding the plea filed by the lawyer seeking the compensation can be read here:

#KeralaHC #KollamDoctorMurder #DrVandanaDas

livelaw.in/high-court/ker…

The matter has been taken up.

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Justice Ramachandran: Last time we asked you to find out and tell us what the protocols would be. The ADGP informed that it would be done within 3-4 days.

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Justice Edappagath: Two or three incidents took place after this, right?

Counsel: Two

Justice Edappagath: One was at Kalamassery

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Justice Edappagath: Before finalizing the protocol, and submitting to the Govt, you should have consulted with the doctors, and judicial officers so that their suggestions could be included. Judicial officers could give some valuable inputs

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

Justice Ramachandran: We are talking about criminal justice system now. When we are talking about production before Magistrates, it is the same before doctors also. There are two limbs. The second limb is where private persons go and make raucous at hospitals.

#KeralaHC

Justice Ramachandran: When a doctor is part of criminal justice system, you have to be more careful. There are two aspects to it. When a person is produced before healthcare personnel and doctors, responsibility of State is higher.

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Justice Ramachandran: We are talking about protocols for people being produced before the police. It is different from a private person going and attacking. That is another aspect.

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Justice Ramachandran: What if an attack happens now for lack of protocols?

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Justice Ramachandran: See Kannan, this might not happen in the manner we can predict. So that's why we said we have to anticipate. Last time we had asked what if a Magistrate is stabbed, and something very similar happened has wrt the juvenile in conflict with law

#KeralaHC

Justice Ramachandran: How did the juvenile even have a weapon? We are not prophesy holders. We've had judicial officers telling us that lady officers are scared when people are produced at night in their homes. We are concerned now.

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Justice Ramachandran: This is not even an adversarial litigation. Citizens should understand that what we talk about doctors now, could happen wrt normal citizens also. There are so many mass shootings happening in other parts. All we are saying is, we must tighten our systems… twitter.com/i/web/status/1…

Justice Ramachandran: Without doctors, how can healthcare systems even function? When this happened to this unfortunate young doctor, our people also suffered for 2 days. We cannot push this system to a strike again

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Justice Ramachandran: What is the other matter?

Justice Edappagath: There is a compensation matter also

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Justice Ramachandran: Shall we allow the impleading petition of judicial officers also so that appropriate protocols can be there?

Court proceeds to dictate an order in that regard.

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Justice Ramachandran: We will be listing this day after, since we are sitting for another case. Kannan, you tell us the progress of the protocols by then.

Justice Edappagath: Get the status regarding it.

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Sr. Adv. Sreekumar: A mere outpost is not sufficient

Justice Ramachandran: Sreekumar, most incidents are by people who are inebriated or under the influence of some substance

Sr Adv Sreekumar: Even policemen are facing same situation when they bring them to Court

#KeralaHC

Justice Ramachandran: We have not seen another situation where a woman officer was attacked.

Sr. Adv. Sreekumar informs that a lone other situation had occurred elsewhere but that the same was only regarding verbal abuse.

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Justice Ramchandran notes another instance when a nurse had been kicked on the abdomen.

Justice Ramachandran: What happens in hospitals is vigilante justice.

#KeralaHC #KollamDoctorMurder #DrVandanaDas

The Court proceeds to consider the plea seeking compensation

Justice Ramachandran: Whom do you represent Adv Rajendran? Are you the mother or father of the victim?

Adv Rajendran: No, I represent another lawyer who is concerned.

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Court asks the GP regarding the Government's stance on the same.

Justice Ramachandran: We are certainly concerned with locus. In the principle of constitutional tort, locus is important. If person comes with locus, certainly we will consider and pass orders

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

Adv Rajendran submits that in case of train, boat, and tourist bus tragedies, the victims were entitled to compensation

Justice Ramachandran: There was no entitlement as such. They were granted by the Govt.

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Adv Rajendran: There cannot be any discrimination. Some protocol should be there.

Justice Edappagath: But the parents haven't come forth

Adv Rajendran: How can they be expected to run from pillar to post for this, My Lord?

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Justice Ramachandran: You must understand there is no entitlement as such. We cannot force the Government to pay compensation. It is a matter for them to take a call. There may be some reason for them to grant and not to grant compensation

#KeralaHC #KollamDoctorMurder

Justice Ramachandran to the GP: You inform that the Govt is looking into that also?

GP: Yes

Justice Ramachandran: Let us see, inform us. There is no locus.

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Justice Ramachandran: If you can argue the question of locus, we will hear you. How can you expect Govt to pay?

Adv Rajendran: Let the Govt give clear answer

Justice Ramachandran: No, we cannot ask or force them. It is completely a decision to be taken by the Govt

#KeralaHC

Justice Ramachandran: We find no reason to monitor the investigation at the moment. Last time, the ADGP had even given a very graphic presentation. At the moment, we see no reason to monitor, we don't know about the future.

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Justice Ramachandran: Even when we are seized of the matter, why are there attacks? Is it because of the attacks on online platforms? After we were seized of the matter on May 10th and 11th also, Adv Sreekumar has informed us of 3 further incidents of attacks

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

Justice Ramachandran to the GP: Please show us the urgency in the matter. Otherwise, who will have fear of the law? Just as you protect certain other sections of the Govt, should you not protect the doctors and healthcare staff also?

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Justice Ramachandran: Its a tragic situation when one doctor or nurse is attacked, and it is supported by someone, another attack happens. The condemnation should be by the society as a whole. Not one person should support it.

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Justice Ramachandran: It is purely vigilante justice that happens now when people attack simply on believing some treatment has gone wrong.

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Dr. Rajeev Joshi appears online. Court informs that it shall look into Dr. Joshi's report day after.

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Dr. Joshi: When patient suffers some loss, he gets agitated. This agitation is reduced if he gets some compensation from govt. Similarly, earlier, the lawyer was talking about compensation, which could reduce the agitation here.

Justice Ramachandran: Dr. Joshi, these are… twitter.com/i/web/status/1…

Justice Ramachandran to counsel as regards the conduct of investigation in the case: As of now, we have nothing to suspect the investigation or trial will not happen properly.

#KeralaHC #KollamDoctorMurder #DrVandanaDas

Justice Ramachandran to GP: We make it clear that we are not going to ask Govt to act in compensation matter. Tell us if you want to act or not. If not, we will close the matter. Day after tomorrow when the matter comes and if you've taken a decision, let us know

#KeralaHC

Justice Ramachandran: If you want to give compensation, it is your call. We will not even ask you why you aren't granting compensation. Had the parents or someone with locus come here, we would have considered it as a constitutional tort matter, and considered in due course… twitter.com/i/web/status/1…

Justice Ramachandran: It is the Government's decision to give or not to give the compensation; we will only record the same.

#KeraaHC #KollamDoctorMurder #DrVandanaDas

Hearing ends. Bench rises.

#KeralaHC #KollamDoctorMurder #DrVandanaDas