The Supreme Court on Monday expressed serious concern over the repeated incidents of assault on doctors and hospital staff in Maharashtra, observing that such attacks raise serious questions of law and public order.
A Bench comprising Justice Vikram Nath and Justice Sandeep Mehta made the strong observations while hearing proceedings concerning Shiv Sena corporator Ramesh Sukrya Mhatre, who is accused of assaulting doctors and hospital staff at the Kalyan-Dombivli Municipal Corporation’s Shastri Nagar Hospital in Dombivli on July 6.
“Things are going from bad to worse”
During the hearing, the Court was informed about another alleged incident involving the assault of doctors in Palghar by persons associated with the Shiv Sena.
The Bench observed:
“Things are going from bad to worse. There is another incident yesterday. Same group of people. Again assaulting doctors.”
Senior Advocate Mukul Rohatgi, appearing for Mhatre, clarified that the persons involved in the latest incident were not the same individuals.
“It is not the same group of people. I have checked,” Rohatgi submitted.
Justice Vikram Nath then clarified that the Court was referring to the same political ideology, rather than asserting that the individuals were identical.
“Same ideology. How can this be justified that you go and assault them inside their chambers, beat them brutally?”
The Court further observed that such incidents were an issue of both law and public order, adding:
“So they should be actually detained. These people don’t deserve to roam on streets.”
Court questions objection to expedited trial
The proceedings concerned Mhatre's challenge to the Bombay High Court's order relating to the Dombivli assault case.
Mhatre was arrested in July following allegations that he assaulted doctors and hospital staff at the municipal hospital. Although a sessions court granted him bail on July 14, the Bombay High Court, after taking suo motu cognisance, stayed the bail order during a special sitting on July 18.
On August 7, the High Court lifted the stay and ordered Mhatre's release subject to stringent conditions. It also transferred the matter to a fast-track court and prescribed timelines for investigation, filing of the chargesheet and trial.
Before the Supreme Court, Rohatgi challenged the stringent conditions imposed by the High Court and argued that the directions for an expedited investigation and chargesheet effectively prejudged the case.
“By the impugned order, he will be convicted,” Rohatgi submitted.
The Supreme Court, however, questioned the objection to an expedited trial.
“Let the trial be expedited, what is wrong?”
The Bench added:
“A message needs to go.”
Mhatre withdraws appeal; State's bail challenge continues
Following the Court's observations, Mhatre chose to withdraw his appeal challenging the High Court's order.
The Supreme Court thereafter took up the State's separate challenge to the grant of bail. The Court issued notice to Mhatre and granted him three weeks to file his reply.
The matter has been posted for further hearing on September 28.
The Court's observations come against the backdrop of repeated concerns over attacks on medical professionals, with the Bench making it clear that violence against doctors cannot be treated lightly and that such incidents have wider implications for law and public order.