Supreme Court: Assault on Doctors Not Ground for Bail in Sena Corporator Case

The Supreme Court on Tuesday made strong oral observations against granting bail to those who assault doctors, as it heard a plea from Shiv Sena corporator Ramesh Mhatre challenging stringent bail conditions imposed by the Bombay High Court.

Mhatre, a corporator from the Kalyan-Dombivli Municipal Corporation, was accused of assaulting doctors at a civic hospital in Thane district in July. The Bombay High Court had granted him bail with strict conditions, including a directive to stay outside Maharashtra until the chargesheet is filed.

A bench of Justices Vikram Nath, Sandeep Mehta, and AG Masih stressed that incidents of assaulting doctors inside hospitals cannot be taken lightly. The court remarked, "Would you go in a hospital and hit just anyone? Those who assault doctors are not entitled to bail. They have no respect for the medical fraternity. Imagine the mental trauma caused when a mob attacks."

Senior Advocate Mukul Rohatgi, representing Mhatre, argued that the High Court's bail conditions were excessively stringent and questioned the legality of setting a 10-day deadline for filing the chargesheet. The conditions also required Mhatre to reside in Calangute, Goa, and report to the Anjuna police station three times a week.

The Supreme Court indicated it was inclined to uphold the High Court's earlier order staying the trial court's bail. Justice Vikram Nath remarked that the High Court's decision to take suo motu cognisance of the matter was "entirely justified."

The Bombay High Court had intervened after doctors protested, staying the lower court's bail order on July 18 and calling it "perverse." It noted that the magistrate had taken the issue lightly and ignored Mhatre's criminal antecedents.

On August 7, while granting bail, the High Court observed that an elected corporator is believed to be "for the people and by the people," adding that if such a person assaults voters, it is an assault on democracy itself. However, it granted bail considering the fast-paced investigation and time already spent in custody.

During the hearing, Rohatgi argued that Mhatre had no personal animosity towards the doctors. The court countered that a video of the incident had already gone viral.

Lawyer Siddharth Dharmadhikari, representing the state government, said the government was preparing to challenge the bail. Prabhas Bajaj, appearing for the Indian Medical Association, opposed the bail. The Supreme Court said it would await the state's bail cancellation petition and scheduled the next hearing for Monday.

The incident occurred on July 6 at Shastri Nagar Hospital, where Mhatre and others allegedly assaulted doctors after family members of a pregnant woman accused staff of delaying treatment.