Doc's killing outcome of systemic failure, says Kerala HC

Press Trust of India

Kochi: The Kerala High Court on Thursday said the killing of a 23-year-old doctor at a taluk hospital in Kollam district of the state a day ago by a man she was treating was the outcome of a "systemic failure" and "cannot be brushed aside as an isolated incident".

A special bench of Justices Devan Ramachandran and Kauser Edappagath directed the state police chief to "ensure that security is provided to all hospitals in the manner as is legally possible so as to prevent any further incidents of attack". The court said as far as the incident in question was concerned, "there was little doubt that the killing of a doctor by a person who was in custody or police -- be that as an accused or in any other capacity -- points strongly at systemic failure".

"This is a gruesome incident which should never have happened," it added. The bench further said that as matters stand now, lack of protocols or their insufficiency cannot be used as a reason to justify another attack. The court observed that the manner in which the accused -- G Sandeep, a school teacher by profession -- was produced in the taluk hospital for treatment "was a recipe for disaster" and it was a "miracle" the nurses attending to him were not attacked.

"We therefore, direct that every protocol that is applicable for production of an accused or persons in custody before magistrates shall apply to presentation of such persons before doctors, healthcare professionals or hospitals concerned," it said.

The bench also noted that it was informed that even the protocols regarding producing accused before magistrates are "extremely wanting" and it was only due to "providential grace" that any judicial officers have not been attacked. It said that protocols need to be thought of regarding the manner in which doctors, healthcare workers, students, interns and house surgeons can be protected "because otherwise their faith in the system will erode surely".

"We, therefore, direct the state police chief to formulate sufficient protocols with regard to the manner in which persons in custody -- be that an accused or others -- are to be presented in hospitals or before doctors or healthcare professionals as part of the criminal justice system or otherwise," the court said.