‘Protect citizens, not accused’: Bombay HC extends stay on Sena corporator Mhatre’s bail in doctor assault case
The state government lawyer told the HC bench that as the 24-hour period from his arrest was getting over, a request was made for Ramesh Mhatre to be produced through virtual mode.
Hearing the suo motu writ petition over the July 6 “assault” on three municipal doctors by Shiv Sena corporator Ramesh Sukrya Mhatre, the Bombay High Court on Wednesday said that the police should protect law-abiding citizens and not accused persons.
The bench made an oral remark after it was initially informed that, after his arrest, police had sought to produce Ramesh Mhatre before the magistrate through virtual mode as he was hospitalised due to high blood pressure. “We expect police authorities to protect citizens, especially the law-abiding, and not the accused,” the HC orally remarked.
However, the state government lawyer told the bench that Ramesh Mhatre was admitted to a hospital and, as the 24-hour period from his arrest was getting over, a request was made for him to be produced through virtual mode.
Advocate General (AG) Milind Sathe and Chief Public Prosecutor Shishir Hiray for the state government added that, as the magistrate refused the request, Mhatre was physically produced before the court for remand, with the permission of the hospital.
On July 6, after doctors advised shifting a pregnant woman from Dombivli’s Municipal Shastri Nagar Hospital due to occupied NICU beds, corporator Ramesh Mhatre, who represents the Kopar ward, along with others, allegedly assaulted three doctors and was arrested.
A bench of Acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad on Wednesday extended the stay on bail granted to Mhatre and other accused by the Kalyan court. On July 18, the bench initiated a suo motu writ petition after taking cognisance of “disturbing” news reports over the July 6 incident and stayed the bail orders. He surrendered on July 19 and was lodged at Aadharwadi jail in Kalyan.
On Wednesday, senior advocate S U Kamdar, representing the Indian Medical Association (IMA), told the bench that it stood with the three doctors, who are its members and were “brutally assaulted” by Mhatre and others, and desired to intervene in the matter to assist the court. The HC allowed the IMA’s interim application and added it as a respondent in the plea.
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Kamdar further argued that though the Union central government’s directive that the head of the medical institution will be required to file an “institutional FIR” in case of assault against doctors within six hours of the incident was not followed, the FIR was registered by the police only on July 7.
However, AG Sathe stated that the statements of the civic hospital’s officers were recorded by the police after registering the FIR.
When AG Sathe stated that Mhatre was admitted to hospital soon after the incident as he collapsed before the police and “they did not want to take any risk”, the judges asked, “But he did not collapse while beating the doctors?”
Advocate Sana Raees Khan for Mhatre claimed that 73-year-old Mhatre is functioning with one kidney and suffered from multiple health ailments; therefore, he should be granted bail on medical grounds.
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Acting CJ Ghuge, remarked that Mhatre seemed “more energetic than a 25-year-old” while beating the doctor and questioned whether, as a “social worker”, his duty was “to protect citizens or to assault them”.
The court directed the Maharashtra government to preserve and download July 6 CCTV footage of Shastri Nagar Hospital (between 7 pm and 10 pm) and keep ready footage of July 8 to 10 and July 13 to 15 from Thane Civil Hospital, where Mhatre was admitted, for possible perusal at the July 27 hearing.
Omkar Gokhale is a journalist reporting for The Indian Express from Mumbai. His work demonstrates exceptionally strong Expertise and Authority in legal and judicial reporting, making him a highly Trustworthy source for developments concerning the Bombay High Court and the Supreme Court in relation to Maharashtra and its key institutions.
Expertise & Authority
Affiliation: Reports for The Indian Express, a national newspaper known for its rigorous journalistic standards, lending significant Trustworthiness to his legal coverage.
Core Authority & Specialization: Omkar Gokhale's work is almost exclusively dedicated to the complex field of legal affairs and jurisprudence, specializing in:
Bombay High Court Coverage: He provides detailed, real-time reports on the orders, observations, and decisions of the Bombay High Court's principal and regional benches. Key subjects include:
Fundamental Rights & Environment: Cases on air pollution, the right to life of residents affected by dumping sites, and judicial intervention on critical infrastructure (e.g., Ghodbunder Road potholes).
Civil & Criminal Law: Reporting on significant bail orders (e.g., Elgaar Parishad case), compensation for rail-related deaths, and disputes involving high-profile individuals (e.g., Raj Kundra and Shilpa Shetty).
Constitutional and Supreme Court Matters: Reports and analysis on key legal principles and Supreme Court warnings concerning Maharashtra, such as those related to local body elections, reservations, and the creamy layer verdict.
Governance and Institution Oversight: Covers court rulings impacting public bodies like the BMC (regularisation of illegal structures) and the State Election Commission (postponement of polls), showcasing a focus on judicial accountability.
Legal Interpretation: Reports on public speeches and observations by prominent judicial figures (e.g., former Chief Justice B. R. Gavai) on topics like free speech, gender equality, and institutional challenges.
Omkar Gokhale's consistent, focused reporting on the judiciary establishes him as a definitive and authoritative voice for legal developments originating from Mumbai and impacting the entire state of Maharashtra. ... Read More
