Mumbai: The Bombay High Court on Monday made strong observations against Shiv Sena (Shinde faction) corporator Ramesh Mhatre in the KDMC hospital assault case, questioning the conduct of elected representatives and pulling up police for what it described as little or no meaningful investigation in the past three to four days, even as it directed the transfer of the probe to a Deputy Commissioner of Police.
Mhatre is accused of assaulting doctors and staff at a municipal hospital in Dombivli on July 6 after a pregnant patient’s relatives alleged delay in her treatment.
“One Chance”
During the hearing, Senior Advocate Aabad Ponda, appearing for Mhatre, sought relief from the court, saying the accused had surrendered and was now in judicial custody, urging the bench to give him “one chance.” The court told Mhatre that since he had already been sent to judicial custody, he was free to apply for regular bail.
The bench expressed serious concern over Mhatre’s criminal history, referring to several past cases including murder, assault on government employees and other serious offences. Referring to CCTV footage of the alleged assault, the court remarked that such incidents should not become common in society. In one of its strongest observations, the bench said that “Public representatives are elected to serve people, not assault them”.
The court also directed police to protect the complainant doctor and permitted his statement to be recorded at Washim under the provisions of the BNSS. To ensure a fair probe, the High Court transferred the investigation to the DCP of the concerned zone.
Amicus curiae Senior Advocate Vijay Mundargi submitted that while bail is the rule and jail is the exception, the investigation must continue in a free and fair manner and witnesses must be adequately protected.
Earlier this month, the Bombay High Court took suo motu cognisance of the case, describing the issue as one of “gravity and seriousness”. The court stayed the Kalyan sessions court’s order granting bail to Mhatre, observing that the decision appeared “perverse”. Following the High Court’s intervention, Mhatre surrendered before the police and is currently in judicial custody.