- Bombay Hingh Court refused immediate bail to Shiv Sena corporator Ramesh Mhatre for assaulting hospital staff
- Court ordered DCP to take over probe and update investigation progress by July 31
- Bench criticised police for initial inaction and showing undue respect to the accused
Underscoring that an elected representative cannot behave by attacking citizens with files and chairs, the Bombay High Court on Monday refused to grant immediate bail to Shiv Sena (Shinde faction) corporator Ramesh Mhatre, who is accused of assaulting doctors and staff at a municipal hospital in Dombivli.
"You seek votes promising to serve the public, but after getting elected, you assault people," the Bombay High Court told Shiv Sena corporator Ramesh Mhatre, and ordered that the probe be entrusted to the Deputy Commissioner of Police (DCP) of the concerned zone.
"The DCP shall take over the probe as expeditiously as possible and ensure that all appropriate steps are taken to record statements of complainant, victims, and witnesses by granting them adequate protection," the court said and ordered the DCP to intimate the court on the progress of the investigation on July 31.
No investigation was carried out at all initially after the alleged incident, and police showed a "rare respect" for the accused, a bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad said.
"In fact, the police officials (in-charge of the probe) obliged Mhatre and had sought permission from a local court to produce him via video conference for remand. They (police) showed a rare respect for the accused," the bench said.
Referring to the assault video, the bench remarked that Mhatre "did not waste even half a second" and kept hitting the doctor continuously.
It also questioned the defence's claim that Mhatre, 73, deserved leniency due to his age, observing that he did not appear to be a 73-year-old in the video and was "almost jumping over the table" while assaulting the doctor.
The bench noted that Mhatre got himself admitted to a hospital after he was remanded to judicial custody, claiming his blood pressure was high; however, at the time of allegedly assaulting the doctors, he seemed completely fine.
And then when he got bail, he immediately walked out of the hospital where he was welcomed by several of his supporters, the High Court said.
Mhatre and his aides allegedly attacked doctors and medical staff at a civic hospital in Dombivli in Thane district on July 6 after a pregnant patient's relatives alleged delay in her treatment.
Mhatre was granted bail by a magistrate's court on July 15.
Earlier this month, the high court took suo motu cognisance of the matter and expressed concerns over the "gravity and seriousness" of the issue. It stayed the Kalyan court's order granting Mhatre bail, saying it was "perverse".
Following the High Court's intervention, Mhatre surrendered before the police. He is in judicial custody.
Senior counsel Aabad Ponda, appearing for Mhatre, urged the High Court to consider vacating its earlier order staying the bail and said strict conditions shall be imposed on his client.
A hard message has been sent across, Ponda said, adding that Mhatre was even willing to stay out of Maharashtra until the charge sheet in the case is filed.
The court also noted the complainant doctor is still receiving threats and indicated that victim and witness statements should be recorded promptly before considering the bail plea. It said it would hear the submissions of the Indian Medical Association before passing further orders.
