Thread by @LiveLawIndia

The Kerala High Court shall soon 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 #DrVandanaDas

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

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During the previous hearing, the Court had observed that the protocol for production of accused persons before Magistrates, doctors and healthcare staff ought to be implemented soon.

#KeralaHC #DrVandanaDas

The live updates on the previous hearing can be accessed here:

https://twitter.com/LiveLawIndia/status/1660919562291019776

The Court had also observed that it would be for the State government to decide upon the aspect of granting compensation to the bereaved family members of the young doctor in the plea seeking Rs. 1 Crore compensation that was filed by a lawyer

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The details of the plea seeking compensation for the family members of Dr. Vandana Das can be read here:

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livelaw.in/high-court/ker…

The matter has been taken up.

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Govt Pleader Kannan informs the Court that the Ordinance amending the Healthcare Service Persons Act has been promulgated, which is made effective from May 24, 2023.

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Justice Edappagath: What are the main changes?

GP: I will take the Court through the same.

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GP: Difficulty faced by Government is on two limbs

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GP asks for a month's time to solve the difficulties.

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GP: Draft protocol is before Your Lordship, it may have some overlapping with other guidelines.

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Justice Ramachandran: Para 7 is substantial compliance, it may require some tweaking.

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Justice Ramachandran: Would it be possible for you to hear the representatives?

GP: It may take some time to hear everyone

Justice Ramachandran: Not everyone, just the representatives

GP: But even these doctors organizations have several associations

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Sr. Adv. Sreekumar informs about the different organizations of doctors such as KGMOA.

GP: I leave it to Your Lordships. My apprehension is that it may take some time.

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Justice Ramachandran: For the Judicial Officers Association, you can hear either the President or the Secretary. We make it clear.

Justice Ramachandran says that the KGMOA, KGMCT, IMA, Kerala Pvt Hospitals Assn and Judicial Officers Assn can be heard.

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Justice Ramachandran: These protocols have to be implemented correctly. The person in custody should not get access to weapons. That is what should be ensured first.

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Justice Ramachandran: In Dr. Vandana's case, the person got access to weapons in the room; but in the Magistrate's case, he was carrying a weapon. So frisking should be proper.

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Justice Ramachandran: It is a systemic failure because when a person I bring attacks another, I would be liable. The primary responsibility would vicariously be on person bringing him.

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Justice Ramachandran: We must also place on record that the person also stabbed the homeguard, Alexkutty. That man really risked his life.

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Justice Ramachandran: We have to give credit to all the stakeholders, too. This incident was an eye opener. We have to anticipate the unanticipated.

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Justice Ramachandran appreciates the University for having acted with diligence in the matter

Justice Ramachandran: They acted on the same day. She was their student. We got a call from the Acting Chief Justice on the same day

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GP: As regard deployment of SISF is concerned, they shall be deployed in govt hospitals free. But so far as private hospitals are concerned, it would have to be borne by themselves.

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Justice Ramachandran: What about the compensation?

GP: It is under active consideration of the Government

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Justice Ramachandran to Adv Rajendran: Locus is a problem, since you are not related to them. We are aware of the plight of the parents.

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Justice Ramachandran: We are wondering, the lack of civilized behaviour, abusive language being used in public discourse... we've all gone through such instances in our lives. We are wondering what is happening to the people

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Court notes, upon the submission of another lawyer, that the aspect regarding registration of FIR within 1 hour, has not been incorporated in the Ordinance

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Justice Ramachandran: Senior, you must understand, if a crime is being committed against an ordinary citizen, there is no guarantee that the FIR would be registered within 1 hour or 1 day or even 1 year

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Court proceeds to dictate the Order

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Order: The Sr. GP S Kannan has filed a memo producing therewith the Ordinance to amend the Act. We do not propose to speak on it. Suffice to say, a long pending concern of the healthcare service community has been taken note of and acted upon

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Order: Coming to the protocols to be followed by the police while producing persons before the Magistrates and Healthcare professionals

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Order: ..the GP has brought to our notice that a draft has been prepared by the Police department and submitted to the Government. This is a welcome step.. As we have said....we cannot wait for another incident to happen

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Order: The statements also take into confidence the associations of doctors and judicial officers, as also the University while finalizing the protocols because they are the persons who would be immediately affected in their professional capacity

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Order: There's another issue pending before us as to the protection to be offered to the various categories of hospitals on a regular basis.

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Order: The ADGP Ajith Kumar, who had appeared in person through online medium, had informed us that the services of the State Industrial Security Force (SISF) can be made available to both govt and private sectors, but on approved terms

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Order: GP today informs that there is a proposal under active consideration to give SISF protection to govt hospitals and the health department has been asked to make a list of those hospitals which require on priority and without any charge

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Order: As far as private hospitals are concerned, he submitted that the Govt is of the opinion that they can make their arrangements without having to rely upon the SISF.

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Order: Though the policy of the govt wrt govt hospitals is in the right direction, we are with you that they affording of protection of SISF to private hospitals is also one they must consider and address, particularly when they are unequivocally saying that they are willing to… twitter.com/i/web/status/1…

Order: In the afore circumstances, we issue the following directions

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Order: A. The Govt will hear the representatives of the Kerala University of Health Sciences (KUHS), Kerala Pvt Hospital Assn, IMA Kerala Chapter, Kerala Govt Medical Officers Assn (KGMOA), Kerala Govt Medical College Teacher Assn (KGMCT), Kerala Judicial Officers Assn, while… twitter.com/i/web/status/1…

Order: Though the GP has sought for a month's time for this purpose, we are of the view that we require to be informed much earlier. Thus, the response of the Govt shall be made available to us as far as possible, by the next posting date

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Order: B. The Govt will actively consider the providing of security cover to all hospitals, be that govt or private through the agency of the SISF. They will be at full liberty to consider and enumerate the terms including for payment by hospitals in private sector...

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

Order: ...for this purpose, when the Kerala Pvt Hospitals Assn is heard, this aspect shall also be taken into account.

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Order: C. We make it clear that our earlier Order regarding registration of FIR within an hour of intimation to the police of an incident of attack on medical professionals will continue to be in effect

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Order: The Sr. GP submitted that the grant of compensation to the parents of Dr Vandana Das is under active consideration

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Order: It is indubitable that in matters like this, it is the policy of the Govt which is important and it would be scarce for this Court to impose any particular Order

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Order: The locus of the petitioner in moving this petition is also something required to be considered in due course; but suffice to say, the decision of the Govt would be vital for any decision we take. We therefore adjourn this matter to the next date, within which time the… twitter.com/i/web/status/1…

Court orally remarks on GP's submission that the said matter may be closed: No. We can dispose it, once you let us know your stance.

Court to Adv Rajendran: The greatest tribute you can do for the parents of the young doctor is to have complete condemnation of the incident… twitter.com/i/web/status/1…

Matter has been posted to the Thursday after next.

Hearing ends

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