Medical fraternity can't be attacked: SC cancels Sena leader's bail in assault case
The Supreme Court on Monday cancelled the bail granted to Shiv Sena corporator Ramesh Mhatre in connection with the assault of doctors at a civic hospital in Maharashtra's Dombivli, observing that “medical fraternity serves the people and can't be attacked in this manner”.
The court directed Mhatre to surrender within three days. The trial in the case has already begun.
On July 6, Mhatre, a Shiv Sena leader from Maharashtra Deputy Chief Minister Eknath Shinde's faction, and his aides assaulted on-duty medical professionals at the Kalyan-Dombivli Municipal Corporation (KDMC)-run Shastri Nagar Hospital in Dombivli. CCTV footage of the assault went viral, triggering widespread protests.
Mhatre was arrested on July 8, and was initially granted bail by a lower court. However, the Bombay High Court paused the order before allowing his release from judicial custody in August, subject to strict conditions.
During the hearing, advocate Siddharth Dave, appearing for Mhatre, submitted that the case was a magistrate trial and that the maximum punishment for the principal offence was five years. He pointed out that two witnesses had already been examined and that the complainant, a woman doctor, was scheduled to be examined on October 3.
Dave argued that the case now had to be decided on the basis of evidence. He said that Mhatre was fully cooperating with the proceedings and complying with the bail conditions.
The Supreme Court, however, directed that the records of the cases against Mhatre be called for, noting that he had several antecedents. Dave submitted that Mhatre had been acquitted in most of the cases registered against him.
According to Mhatre's account, a woman who was nine months pregnant was taken to the Shastri Nagar civic hospital by her family around 4:30 pm on July 6.
He claimed that the woman and her relatives repeatedly requested doctors and hospital staff to attend to her, but she was kept waiting on a stretcher in severe pain for nearly three hours despite beds being available in the maternity ward.
Mhatre claimed that doctors instead asked the family to shift the woman to Sion Hospital in Mumbai and that there was a red alert due to inclement weather conditions that day.
As the woman's condition worsened, her relatives contacted Mhatre, the elected corporator of their local ward, asking him to intervene so that she could receive immediate medical treatment.
Mhatre claimed that he requested the doctors to attend to the woman. However, he alleged that the doctors present at the hospital used derogatory and disrespectful language towards him, following which the situation became tense.WHEN WAS MHATRE ARRESTED?
Mhatre was arrested on July 8, two days after the assault, and was later remanded to judicial custody. A Kalyan court granted him bail on July 14, but the Bombay High Court cancelled it on July 18 and directed him to surrender. He surrendered the following day.
Mhatre was initially granted bail by the lower court, but the Bombay High Court subsequently paused the order. In August, the Bombay High Court ordered Mhatre's release from judicial custody, subject to strict conditions.
The Shiv Sena leader subsequently stayed at a resort in Goa until the trial in the case began. The trial has been fast-tracked, with the appointment of Special Public Prosecutor Prakash Salsingikar.
The Supreme Court's latest order requires Mhatre to surrender within three days as the proceedings against him continue.- Ends
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