Police must protect citizens, not accused: Bombay High Court in Ramesh Mhatre doctor assault case

Shiv Sena corporator Ramesh Mhatre will continue in jail after the Bombay High Court on Wednesday refused to lift the stay on bail granted to him by a Kalyan sessions court in the doctors’ assault case.

A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad had earlier stayed the sessions court's bail order. The stay was extended today.

The Court also told the police that their duty is to protect law abiding citizens and not accused persons.

“We expect police authorities to protect citizens, especially law-abiding citizens and not the accused,” the bench emphasised.

According to the FIR, Mhatre and his aides allegedly attacked two doctors and other hospital staff at the civic hospital after a dispute over the treatment of a pregnant woman and her newborn. The doctors had advised shifting the patient to another facility due to unavailability of NICU beds. The patient’s family allegedly contacted Mhatre, following which the assault took place on July 6.

A case was registered against Mhatre who was arrested on July 8 along with five other accused.

They were booked for offences including assault or use of criminal force to deter a public servant from discharge of duty, voluntarily causing hurt, criminal intimidation, intentional insult to provoke breach of peace, unlawful assembly and rioting.

He was granted bail by a sessions court on July 14.

However, the Bombay High Court took suo motu cognisance of the same, held a special sitting on July 18, Saturday, and stayed the bail order.

When the matter was taken up for hearing today, the Court asked whether Mhatre had been produced before the magistrate through video conference (VC) proceedings. 

Advocate General Milind Sathe, appearing for the State, said Mhatre’s blood pressure was high and therefore, the police had requested the magistrate that he be produced via VC.

However, the magistrate had refused the request, after which Mhatre was physically produced, the High Court was informed.

Advocate Sana Raees Khan, appearing for Mhatre, explained that he is a social worker and a 73-year-old with only one functioning kidney and multiple ailments. 

“The backdrop of this case is – it was an emotionally charged medical emergency. The lady could have died. The female patient could have died. In my humble submission, he had gone there only with the intention to help” Khan submitted. 

"When he was hitting the doctor, he seemed more energetic than a 25-year-old,” the bench quipped. 

It proceeded to directed the Maharashtra government to ensure that CCTV footage from Thane Civil Hospital for July 8 to 10 and July 13 to 15 is downloaded and kept ready for examination by the Court on July 27. It also ordered Shastri Nagar Hospital to preserve footage of the alleged assault on July 6 between 7 pm and 10 pm.

The Court today also allowed an application filed by the Indian Medical Association to intervene in the proceedings.

Senior advocate CU Kamdar, appearing for the IMA, told the court that the association stood with the three doctors, who are its members and were “brutally assaulted” in the July 6 incident. 

He argued that an institutional FIR should have been lodged within six hours in line with central guidelines. 

The Court allowed the application and impleaded the IMA as a respondent.