SC threatens contempt action against docs

Striking medicos unfazed, Centre hardens stand

Expressing displeasure over the agitating medicos ignoring its appeal to call off their strike, the Supreme Court today indicated that contempt action could be initiated against them if they continued with their protest which had left "patients at the mercy of God."

However, the protesters have decided to continue their stir, even as the government announced that Army and railway doctors would be called in and fresh recruitments made from tomorrow to maintain health services.

"We are told that they (students) are continuing with the strike. If they are over-reaching our orders, they are in for a surprise. It can amount to contempt," warned a vacation Bench comprising Justice Arijit Pasayat and Justice L S Panta.

They expressed displeasure over the students continuing their agitation notwithstanding the "clear indication" given by the court that the OBC quota issue was being examined by it.

"Surprisingly, contrary is happening. Ultimately people waiting to get treated at hospitals are being affected," the Bench observed after taking suo motu note of medical students and doctors continuing with their strike.

Making it clear that the medicos could not protest since the matter was subjudice, the Bench spoke about two judgements of the apex court to caution them.

The court said it was concerned about public interest "as the patients who are admitted in hospitals are at the mercy of God."

"We are not concerned at this stage about the government policy. We are concerned at this stage about the plight of the people," the Bench observed and asked Additional Solicitor General Gopal Subramanian to file tomorrow a memorandum giving details about the latest position regarding the strike and protest by the medicos against the government move to extend 27 per cent quota to the OBCs in institutions of higher education.

Soon after the apex court made its observation, Health Minister Anbumani Ramadoss met Prime Minister Manmohan Singh and announced the government would requisition the services of Army and railway doctors and make fresh recruitments from tomorrow.

Despite these developments, the medicos decided to carry on with their agitation. The apex court's order was not addressed to them and it did not carry a contempt of court threat, said representatives of Youth for Equality, which is spearheading the agitation.

Ramadoss said the PM had directed that "(health) services have to be maintained come what may," but ruled out the invoking of the Essential Services Maintenance Act to deal with the situation.

Ramadoss said while retired doctors would be appointed on contract, the new recruitment was going to stay. "Doctors have the right to air their views, but not during duty hours. Two weeks time is too long a period and a lot of poor patients from Bihar, Uttar Pradesh and North-East are suffering," he said.

Pro-quota movement under the umbrella of Medicos' Front for Equal Opportunities said that it was the constitutional right of the citizens to express their views and protest and even the courts could not stop them.

"We will have our first demonstration in the University College of Medical Sciences tomorrow." Front convenor and AIIMS faculty member Vikas Vajpayi said.

"The court never intervened when upper caste agitationists with the backing of the government were using the Constitution as a spittoon. They flouted every norm of the Constitution by their forms of agitation, like picking up brooms and polishing shoes, mocking the idea of equality. Will they carry human waste on their heads too to be equal to 15 lakh Indians who still carry human excreta on their heads?" asked the Front today.