Case Title: Kerala Private Hospitals Association vs Adv. Sabu P Joseph

The division bench of Justice Devan Ramachandra and Justice Kauser Edappagath of Kerala High Court observed that it is the fundamental duty of officer to guard citizen, even at the cost of their own lives.

“As far as the incident in question is concerned, there can be little doubt that the killing of a young doctor by a person who was in custody of the police — be that as an accused or in any other capacity — points at a systemic failure. The Police Officers above were also ad idem that it is the fundamental duty of any officer to guard a citizen, even at the cost of their own lives. This is a gruesome incident, which, as we have already said in our earlier order, should have never happened”.

The bench took the said observation after the death of a lady doctor who was allegedly stabbed multiple times by an accused, who was in police custody and was brought to the hospital for treatment of his injuries.

The bench reminded the SPC that it is the fundamental obligations of police officers to ensure that the hospitals and doctors are protected for 24 hour time frame.

“We remind the SPC, as we have already indited above, that it is the fundamental obligation of the police force, headed by him, to ensure that hospitals and the personnel who man them are adequately and sufficiently protected on a day-to-day basis, for the 24 – hour time frame”.

The court while giving some time to SPC, said that “Of course, we have to give the SPC some time to consider all these aspects and inform us; but, in the meanwhile, we are constrained to ensure that effective security is provided in all hospitals in the manner as is legally possible, so as to avoid any further incidents or attacks”.