'Same group': SC flags another doctor assault by Sena workers
What's the story
The Supreme Court has expressed concern over the increasing violence against doctors in Maharashtra. The court was hearing a case involving Shiv Sena corporator Ramesh Sukrya Mhatre, accused of attacking medical staff at Dombivli's Kalyan-Dombivli Municipal Corporation (KMDC) Shastri Nagar Hospital in July. A bench comprising Justice Vikram Nath and Justice Sandeep Mehta noted that people from "same ideology" were behind such attacks, a reference to another instance, where Sena workers allegedly threatened and assaulted hospital staff in Palghar.
Bench
'Things are going from bad to worse'
"Things are going from bad to worse. There is another incident yesterday. Same group of people. Again assaulting doctors," the bench said.
Senior Counsel Mukul Rohatgi, appearing for Mhatre, however, argued that "it is not the same group of people."
The bench then clarified that it was referring to the political ideology of the attackers.
"Same ideology. How can this be justified that you go and assault them inside their chambers, beat them brutally?" Justice Nath asked.
Legal proceedings
Court slams justifications for attacks on doctors
He added that those involved in such assaults shouldn't be allowed to roam freely on the streets.
"It's an issue of law and order. So they should be actually detained. That's what our feeling is. These people don't deserve to roam on streets," Justice Sandeep Mehta said.
The bench was hearing a challenge filed by Mhatre against orders passed by the Bombay High Court in relation to the Dombvli assault.
Bail controversy
HC imposes stringent conditions for Mhatre's release
Mhatre was arrested on July 6 for the assault but was granted bail by a sessions court on July 14.
However, the Bombay High Court stayed this order after taking suo motu cognizance of the case on July 18.
On August 7, while lifting the stay, the High Court imposed stringent conditions for Mhatre's release and transferred his case to a fast-track court with timelines for investigation and trial proceedings.
Legal arguments
Mhatre withdraws appeal against these conditions
Challenging these conditions, Mhatre's Senior Advocate Rohatgi argued they amounted to prejudging his case.
He argued that the High Court's directions effectively prejudged Mhatre's guilt, saying, "By the impugned order, he will be convicted."
However, the court defended expediting trials as necessary to send a strong message against such violence.
"Let the message go. Message needs to go not only to these people, but it should work as a deterrent for everyone," Justice Nath said.
Bail challenge
State's challenge to bail order and next hearing date
Eventually, the court allowed Mhatre to withdraw his plea against the stringent bail conditions.
The court then took up the state's challenge against the bail order itself. It issued notice to Mhatre, giving him three weeks to file a counter in the state's plea.
The case will be heard again on September 28.