‘Take appropriate responsible decision’: Mumbai court asks doctors treating Avinash Bhosale if he needs further hospitalisation

“Admittedly, neither the CBI nor accused No.27 (Bhosale) nor this court are experts in the medical field to take a decision of discharging the accused… based on the (INHS Asvini) report. The opinion expressed by the Superintendent (St George Hospital) emphasises hospitalization. Whereas, the INHS Asvini, Medical Board is of the opinion that the further hospitalization of accused No.27 is not necessary. There are two reports having contradictory opinions. In such a situation, the Court cannot direct as contended by the CBI based only on a particular report,” special Judge M G Deshpande said in his order on Friday. Bhosale is undergoing treatment at St George Hospital since March 2023.

In January, on the directions of the court, a medical board comprising doctors from INHS Asvini was formed after the CBI sought a fresh evaluation of his medical condition by an independent board, citing his long hospitalisation at St George Hospital.

In a confidential report submitted to the court last month, the medical board said Bhosale does not need continued hospitalisation and that his health can be monitored through visits to the hospital from jail. On this, Bhosale filed a plea seeking an opinion from doctors treating him at St George Hospital stating they were well aware of his medical history and treatment.

The court said after the medical board submitted its report last month, it had sought the opinion of both the CBI and Bhosale on it. It said that then, the CBI did not take any steps on the report. It was only after Bhosale sought a reevaluation by the doctors treating him, that the CBI endorsed the INHS medical board’s opinion and sought directions to discharge Bhosale and for him to be sent back to jail.

“….mere contention of CBI for discharging the accused (A27) without suggesting any remedies in the event of his health damage, likely to take place, if Accused No.27 is abruptly directed to be discharged against St. George’s Doctors’ opinion, would likely create an unusual situation. In such a situation, I am of the opinion that the doctors who have…have been treating the accused…are the best judges to take appropriate responsible decisions….,” said the court.

“…the court cannot straightway direct discharging accused No.27 as contended by the CBI. The court is not an expert, hence treating doctors shall responsibly take appropriate decision as they are holding opinion contrary to the opinion regarding further hospitalization given by INHS, Ashwini Medical Board,” the court said.