Taking note of the fact that the three policemen who allegedly assaulted a doctor early morning on December 31 have not yet been arrested,though there was a clear case against them,Bombay High Court Chief Justice Mohit Shah directed the DCP (crime) to take immediate action. The case will now be heard at 3 pm.
Dr Prashant Patil of Dr Vaishampayan Memorial Government Medical College,Solapur,was assaulted by police inspector Arun Waikar,sub inspector Nitin Chowgule and constable Krishnath Surwase at around 2.21 am on December 31. The three policemen demanded that Dr Patil attends to a women patient even after the duty doctor informed them that he was attending to a patient having grievous injuries to his head.
On Thursday,Maharashtra Association of Resident Doctors (MARD) had announced a state-wide strike demanding action against the policemen.
While rapping the state government,Chief Justice Shah questioned why a case under cognizable and non-bailable section of the Maharashtra Medicare Service Persons and Medicare Service Institutions (Prevention of Violence and Damage or Loss to Property) Act of 2010 was not applied by the higher authorities.
So many patients are suffering and this is not in their (doctors) interest. It is in the interest of public at large, pointed out Chief Justice Shah while urging the state government to take immediate action. The court was of the view the protest by the association in protest of the assault be called off.
The state government had informed the Chief Justice Shah earlier that the case was going to be transferred to the state Crime Investigation Department (CID) during the course of the day. The police authorities are not in a position to explain why they did not arrest Patil and take the CCTV footage in the morning of December 31, remarked Chief Justice Shah.
Before passing the order,Chief Justice Shah had a look at the CCTV grab showing the assault by the three policemen on Dr Patil. When the judge asked advocate appearing for the state Prajakta Shinde whether the policemen had been suspended,she replied in the affirmative.
The members of the Maharashtra Association of Resident Doctors (MARD) were also present in the court. Dr Santosh Wakchore,its president for the central region and other members pleaded before the court that the three policemen be arrested before the case is transferred to the state CID. Taking cognizance of matter,Chief Justice Shah ruled,The DCP (crime) Solapur is directed to take immediate action and invoke Section 3,4 of the said Act before the investigation is transferred to the state CID.