"Those Who Attack Doctors Don't Deserve Bail": Top Court In Sena Leader's Case

Those who assault doctors are not entitled to bail, the Supreme Court observed orally on Tuesday as the Shiv Sena corporator Ramesh Mhatre, accused of assaulting doctors at a civic hospital in Thane district in July, approached the court, challenging the Bombay High Court's strict bail conditions in his case.

While granting bail to Mhatre, a corporator of the Kalyan-Dombivli Municipal Corporation, the Bombay High Court ordered him to stay outside Maharashtra until the chargesheet in the case is filed.

During the hearing today, the Supreme Court bench comprising Justices Vikram Nath, Sandeep Mehta, and AG Masih underlined that incidents of assaulting doctors inside hospitals cannot be taken lightly.

"Would you go in a hospital and hit just anyone? Those who assault doctors are not entitled to bail. They have no respect for the medical fraternity. Imagine the mental trauma caused when a mob attacks," the Supreme Court said. 

Senior Advocate Mukul Rohatgi, appearing for Mhatre, argued that the Bombay High Court had imposed excessively stringent conditions for bail. He also questioned whether the High Court could set a 10-day deadline for filing the charge sheet.

The other conditions included directives to reside in Calangute, Goa; report to the Anjuna police station three times a week; and stay outside Maharashtra until the trial begins.

However, the Supreme Court indicated that it was inclined to uphold the Bombay High Court's initial order staying the bail granted by the trial court.

Justice Vikram Nath remarked that the High Court's decision to take suo motu cognisance of the matter was "entirely justified."

Following protests by doctors, the High Court took suo motu cognisance, and on July 18 stayed the bail order passed by the lower court, calling it "perverse". It said the magistrate court took the issue very lightly and did not even consider Mhatre's criminal antecedents.

Nearly two weeks later, on August 7, granting bail to Mhatre, the Bombay High Court noted in its order that an elected corporator is believed to be "for the people and by the people".

"If such an elected person assaults his own voters, then it is an assault on the fabric of the democracy itself," the High Court had said.

"However, considering the fact that the investigation is now being carried out at a fast pace and the accused have now spent some time behind bars, we feel bail can be granted," the court had said.

Rohatgi argued that Mhatre harboured no personal animosity towards the doctors.

To this, the court observed that a video of the incident had already gone viral.

Sena Corporator Ramesh Mhatre assaults doctors at a municiapl hospital in Thane in July, shows video

Ramesh Mhatre seen hitting a doctor at a hospital in Thane

Lawyer Siddharth Dharmadhikari, representing the state government, stated that the government was preparing to challenge the bail granted to Mhatre.

Prabhas Bajaj, appearing for the Indian Medical Association (IMA), intervened in the matter and opposed the bail.

The Supreme Court stated that it would await the bail cancellation petition to be filed by the state and set the next date of hearing on Monday.

On July 6, Mhatre and the other accused gathered at a municipal hospital and assaulted the doctors. The incident took place at Shastri Nagar Hospital after family members of a pregnant woman accused the hospital staff of delaying treatment.