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Those who assault doctors don’t deserve to roam free: Supreme Court
The bench was hearing a plea filed by Shiv Sena corporator Ramesh Sukrya Mhatre, when senior advocate Mukul Rohatgi, appearing for him, sought permission to withdraw the matter
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The Supreme Court on Monday said that people who assault doctors and hospital staff “do not deserve to roam on the streets even for a minute”, forcing a Maharashtra corporator accused of attacking three municipal doctors in Thane to withdraw his plea after the bench indicated it could immediately examine whether his bail should be cancelled.
A bench of justices Vikram Nath and Sandeep Mehta was hearing a plea filed by Shiv Sena corporator Ramesh Sukrya Mhatre, when senior advocate Mukul Rohatgi, appearing for him, sought permission to withdraw the matter.
“We are going to issue notice on the State’s appeal,” said the bench, observing that there appeared to be a “propensity to do these things”.
“This is their modus operandi. These people do not deserve to roam on the streets. Yesterday, again the same group of people have assaulted doctors and hospital staff in Palghar,” remarked the bench.
Rohatgi clarified that the accused in the Palghar incident were not the same set of people and said he wanted to “put a quietus to this here”. “The writing on the wall is clear and therefore, I would want to withdraw,” the senior lawyer said.
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But the bench said that the court needed to send out a larger message against attacks on medical professionals. “A message needs to go…not only to these people but to everyone and as a deterrent…These people do not deserve to be out at all…Such people do not deserve to roam freely on the streets even for a minute,” it said.
The court accordingly issued notice on the Maharashtra government’s appeal challenging the bail granted to Mhatre and three other accused. It also took note of reports about the fresh assault on doctors and hospital staff in Palghar and directed that the matter be listed on September 16.
With Rohatgi and other lawyers for Mhatre stating that they wished to withdraw the petitions, the court allowed the withdrawal.
The exchange came days after the Supreme Court had already indicated that it was inclined to cancel Mhatre’s bail over the alleged July 6 assault at the Shastri Nagar General Hospital in Dombivli.
On September 1, the bench had said that people who had “no respect for the medical fraternity” should not be out on bail and observed that “those who attack doctors don’t deserve bail”. The court had, however, said it would await a formal plea from the Maharashtra government seeking cancellation of bail.
The Bombay High Court had on August 7 granted bail to Mhatre and three others, while directing them to remain outside Maharashtra until the filing of the chargesheet. Mhatre was specifically ordered to stay within the jurisdiction of the Anjuna police station in Goa. The high court had also directed the Maharashtra government to provide adequate protection to the three doctors who were allegedly assaulted.
The incident occurred after a pregnant woman was referred to Mumbai’s Sion Hospital for delivery as the civic hospital’s neonatal intensive care unit had no available beds. The doctors alleged that Mhatre and his associates subsequently assaulted two contractual doctors and two nurses.
The Supreme Court’s concern on Monday was heightened by the alleged assault reported from Palghar a day earlier.
According to the complaint, Shiv Sena district chief Kundan Sankhe, city chief Rahul Gharat and others allegedly entered the emergency department of Relief Hospital after a dispute over the discharge bill of a “Govinda” injured during a Dahi Handi event. The bill was reportedly ₹19,866.
The ensuing confrontation allegedly turned violent, with doctors and hospital staff being abused, threatened and assaulted. CCTV footage purportedly showed a receptionist being slapped when she intervened. The group allegedly also entered the ICU, a restricted area, where hospital staff claimed that a nurse was threatened, the IV drip of an injured Govinda was removed and the patient was taken away from the hospital.
Palghar police have registered a case under relevant provisions of the Bharatiya Nyaya Sanhita and the Medical Services Protection Act. At least 17 people, including Sankhe, Gharat and Rohit Gavit, son of local MLA Rajendra Gavit, have been named in the case.
