SC Cancels Bail of Shiv Sena Corporator in Doctor Assault Case

• Supreme Court cancels bail of Mhatre and three others.
• Accused ordered to surrender by October 5.
• Court stresses protection of doctors and witnesses.
• Maharashtra asked to examine preventive-detention provisions.

GG News Bureau
New Delhi, 1st Oct: The Supreme Court has cancelled the bail granted to Shiv Sena corporator Ramesh Mhatre and three others accused of assaulting and verbally abusing doctors at a municipal hospital in Dombivli, Maharashtra, observing that medical professionals cannot be expected to exercise independent judgment while facing threats or intimidation.

A bench of Justices Vikram Nath and Sandeep Mehta set aside the Bombay High Court’s September 28 order and directed Mhatre, Ramesh Laxman Pawar, Pramod alias Prakash Uddhav Nikam and Akshay Sharad Karande to surrender before the trial court by October 5.

The four are accused of assaulting three doctors, including a woman doctor, who were on duty in the labour ward of Shastri Nagar Municipal Hospital in Dombivli on July 6.

The Supreme Court said physical violence, intimidation or coercion cannot be used to express dissatisfaction with medical treatment, enforce demands or raise grievances over an adverse medical outcome.

“A doctor cannot reasonably be expected to exercise sound and independent judgment while labouring under the apprehension of physical violence, intimidation or coercion,” the court said.

The bench stressed that the safety and dignity of medical professionals serve a wider public interest by ensuring that healthcare is delivered with concentration, composure and sound judgment.

The court also underlined the responsibilities attached to public office, observing that an elected representative is expected to strengthen institutions through which grievances are addressed.

An elected representative, it said, cannot assume the role of the police, administrator or court, or use personal influence to secure compliance through fear or intimidation.

Since the prosecution case depends substantially on the testimony of doctors and hospital staff, the Supreme Court directed the trial court to ensure adequate protection for material witnesses under the Maharashtra Witness Protection and Security Act, 2017.

It asked the trial court to remain alert to any threat, intimidation or coercion and, where necessary, direct the district administration or superintendent of police to provide protection.

The 36-page order also referred to Mhatre’s criminal antecedents. The court noted that 18 cases were reportedly registered against him, including cases involving serious offences under Sections 302 and 307 of the Indian Penal Code.

The bench said the antecedents were a material factor in deciding bail and should not have been disregarded by the courts below.

The Supreme Court also raised concerns over Mhatre’s continued stay in the prison ward of Thane district civil hospital during police and judicial custody. It noted that he sought discharge from the hospital immediately after a release memo was issued following the bail order on July 15.

The court said the circumstances raised concerns about whether his position and influence were used to circumvent the effective operation of the custodial process.

The bench observed that the alleged incident had created fear among the doctors, with the victim doctors reportedly being compelled to tender their resignations.

It said this was relevant to assessing the apprehension of intimidation and whether medical professionals could perform their duties without fear.

The Supreme Court directed the Maharashtra government to examine whether preventive-detention laws were applicable to Mhatre and the other accused, with a view to strengthening the sense of security among medical professionals.

The Bombay High Court had granted Mhatre bail on August 7 and directed that the trial be expedited and completed within a time-bound period. The Supreme Court clarified that the accused could seek bail again before an appropriate forum if there is a material change in circumstances.