Protest cannot be at the cost of duty,” the Supreme Court observed on Monday as it directed the West Bengal doctors protesting over the rape and killing of a postgraduate medic at the State-run RG Kar Medical College and Hospital in Kolkata to return to work immediately.

A bench headed by Chief Justice DY Chandrachud directed the protesting doctors to get back to work by 5 pm on Tuesday and assured them that there will be no adverse action if they resume duty.

“The State of West Bengal must take steps to create confidence in the minds of the doctors that their concerns regarding their safety and security are being duly attended to. In order to ensure this, all the district collectors and SPs (superintendents of police) shall take stock of the situation in all Government medical colleges and public hospitals and provide adequate safety.

“We also direct that in the event the doctors return to duty on or before 5 pm (on Tuesday), no adverse disciplinary action should be taken against them. If there is continued abstention of work, there may be a likelihood of adverse action,” the bench, also comprising Justices JB Pardiwala and Manoj Misra, said.

The court said the protesting doctors cannot be oblivious to the needs of the general community. “Any protest cannot be at the cost of duty. The young doctors must now return and attend to the patients. We know what is happening on the ground. First, return to work. The district collectors and superintendents of police will ensure (your) safety. You have to now return to work,” the bench said.

Appearing in the court on behalf of the West Bengal Government, senior advocate Kapil Sibal submitted that 23 people have died in the State as doctors are on strike protesting against the rape and killing that has triggered nationwide protests.

The Supreme Court also voiced concern over the absence of a key document that was needed for the postmortem of the medic raped and murdered at the RG Kar Medical College in Kolkata, and asked the CBI to investigate into it.

The court also flagged that there was at least a 14-hour delay by Kolkata Police in registering FIR in rape and murder incident. The top court directed the CBI to submit a fresh report by September 17 on the probe in the case. The apex court also directed immediate removal of photographs of the victim from all social media platforms to protect the dignity and privacy of the deceased.

On the issue of security of medical institutions in the State, the Supreme Court said “All DMs, SPs in West Bengal to take stock of situation to ensure safety, security of Government medical colleges”.

The apex court also directed a senior officer of the West Bengal Government’s Home department and a senior CISF officer to ensure all three companies of the CISF, which are deputed for security at the RG Kar Hospital, are given accommodation.