Supreme Court cancels Shiv Sena corporator Ramesh Mhatre’s bail in doctors' assault case

The Supreme Court on Monday cancelled the bail granted to Shiv Sena corporator Ramesh Mhatre in a case concerning the alleged assault on doctors and hospital staff in Dombivli [State of Maharashtra v. Ramesh Sukrya Mhatre]..A Bench of Justices Vikram Nath and Sandeep Mehta set aside a Bombay High Court order which had allowed Mhatre's release.The Bench observed that a firm signal needed to be sent against attacks on healthcare professionals.It also refused to fix any timeline for the completion of the trial."The message must go loud and clear! Medical fraternity cannot be touched. Just see the brazen nature of these people. Even after this incident, there have been other incidents related to the same party. Medical fraternity serves people. They can’t be touched and attacked in this manner," the Court orally remarked during the hearing.It then directed Mhatre to surrender within 3 days..In its judgment, the Court also commented extensively on the need to protect doctors while performing their duties, including by quoting from the Sanskrit treatise on medicine, Suśruta Saṃhitā."(The Suśruta Saṃhitā says) physician does not succeed in a house where he is not respected; where the physician is respected, his treatment succeeds .... A doctor cannot reasonably be expected to exercise sound and independent judgment while labouring under the apprehension of physical violence, intimidation or coercion. The safety and dignity of the medical professional are consequently not matters of personal privilege. They are the safeguards which serve the larger public interest in ensuring that medical care is rendered with the concentration, composure and judgment that the profession demands," the Court observed. The Court clarified that it is not stating that doctors are beyond legal scrutiny, but that any complaints about a doctors' treatment of patients must be made through appropriate, legal channels."What the law cannot countenance is the substitution of these remedies by threat, violence and coercion. Physical violence, intimidation or coercion cannot become a means of expressing dissatisfaction with medical treatment, securing compliance with a demand or raising grievance for an adverse medical outcome. A grievance, however genuine, does not confer a licence to resort to violence," the Court warned. .During the hearing, Mhatre's counsel, Senior Advocate Siddhartha Dave had pointed out that the accused had already spent 19 days in custody."Very well, you stay inside for at least 2-3 years. And again you committed another similar incident!" the Bench retorted.Dave clarified that his client was not involved in the subsequent incident."Same organisation. You are the leader. You are responsible. Same ideology. Nobody from any other ideology does this," the Court responded.Meanwhile, other counsel appearing in the matter told the Court that no material witnesses had been examined in the case so far."Your being out would be counterproductive to the trial. You start beating people from the medical fraternity! Can’t there be more graver offences against him for this conduct? If it had been anybody else, they would have invoked MCOCA," the Bench noted.Dave then highlighted that the highest statutory offence invoked against Mhatre carried a maximum punishment of 5 years."We will find out some offence which will take it to at least 10 years," the Court responded..Same organisation. You are the leader. You are responsible. Same ideology. Nobody from any other ideology does this.Supreme Court.The prosecution's counsel informed the Court that as many as 94 phone calls were made to the complainant.The Bench strongly criticised the conduct and remarked that the case warranted strict measures."We will make sure that a conviction is recorded! A man who is having 19 cases in his name, goes and thrashes doctors. And not one. Three. And a lady doctor also. The entire medical system is hindered. This is a fit case for invocation of NSA. NSA has been invoked in much lesser circumstances," the Court orally observed.Dave urged the top court to exercise restraint, submitting that the Supreme Court routinely grants bail in magistrate-triable offences and is the highest court of the land.The Court, however, stood firm on ensuring deterrence against assaults on medical personnel before setting aside the bail order."Leave granted. Allowed. We are setting aside the high court order. Bail cancelled. Surrender within 3 days," the Bench ordered..This is a fit case for invocation of NSA. NSA has been invoked in much lesser circumstancesSupreme Court.Mhatre was arrested in July for allegedly assaulting doctors and hospital staff at the Kalyan-Dombivli Municipal Corporation's (KMDC) Shastri Nagar Hospital in Dombivli on July 6.Although a sessions court granted him bail on July 14, the Bombay High Court took suo motu cognisance of the same and stayed the bail order after a special sitting held on July 18, Saturday.On August 7, the High Court lifted the stay and ordered Mhatre’s release subject to stringent conditions. The High Court also transferred the case to a fast-track court and prescribed timelines for completing the investigation, filing the chargesheet and proceeding with the trial.Mhatre challenged the High Court order before the Supreme Court over the stringent conditions imposed on him.The State also separately filed appeal challenging the bail..On September 7, Mhatre withdrew his appeal after the top court expressed its inclination to cancel the bail.The Court also took exception to frequent assaults on doctors in Maharashtra and noted that people from "same ideology" were behind such attacks, a reference to a separate instance of Shiv Sena workers assaulting doctors.The Court issued notice on the state's appeal that day and asked Mhatre to file his response.The Court then heard the matter today before cancelling Mhatre's bail..[Read Judgment]