MUMBAI: The Supreme Court on Monday set aside the Bombay High Court order granting bail to Shiv Sena corporator Ramesh Mhatre (73) in a case of assault on doctors at a Dombivli municipal hospital, and warned that members of the medical fraternity cannot be assaulted at will in such a manner. Mhatre was directed to surrender within three days.A bench of Justices Vikram Nath and Sandeep Mehta passed the order in a petition filed by Maharashtra govt challenging the HC bail order.Orally citing the general and larger implications of an assault on doctors, the SC bench said: “The message should go out loud and clear that the medical fraternity cannot be touched. They serve people and cannot be attacked in this manner.”On Aug 7, HC had fast-tracked the trial and granted bail to Mhatre and three others who were arrested for allegedly assaulting doctors, including a woman doctor, at Shastri Nagar Municipal Hospital in Dombivli on July 6. However, all four were to remain outside Maharashtra till criminal trial was to begin.Appearing for Mhatre in SC, senior counsel Siddharth Dave, with advocate Utsav Trivedi said for bail cancellation, a higher standard was required. He pointed out that the trial was underway before a magistrate with two prosecution witnesses having deposed and a woman doctor to depose on Oct 3.Mhatre cooperated with the probe and trial, SC was informed.The maximum sentence under the law is five years’ imprisonment for the main offence in the case and there was no obstruction caused in the trial, Mhatre’s counsel also submitted.While acknowledging the concerns raised by the bench, the counsel submitted that as a “criminal case” evidence had to form the basis of the outcome.The state, represented by advocate Shreerang Varma, had referred to Mhatre’s antecedents while seeking cancellation of his bail. But Dave submitted that Mhatre had been acquitted in 18 of the 19 cases cited against him. “Call for the records of those cases also,” the SC immediately said.SC had, on Sept 7, expressed concerns over the cases of assaults on doctors and hospital staff in Maharashtra and said they cannot be treated as routine law and order.The HC bench, led by then Acting Chief Justice R V Ghuge, had taken the matter suo motu, observing the seriousness of the assaults. On July 27, in its initial order, the HC had come down on Mhatre and police. Then ACJ Ghuge had noted that Mhatre was arrested 48 hours after the alleged assault. “Why do you (Mhatre) behave like this? Why beat the public? They are your voters. Surprising that a person who goes to voters and says ‘vote for me, I want to serve you’...after winning, starts beating people,” he had said, while hearing pleas filed by the corporator and others seeking bail on any stringent condition HC deemed fit. “Even in public life, you are for the public, are here for the public.”The HC had also framed a timeline for the probe and prosecution to proceed swiftly and the time to be spent outside Maharashtra for all four would likely be a month. The endeavour should be to complete the trial in three months once the charge is framed, the HC said.Then ACJ Ghuge, dictating the order in open court, had said, “In a democracy, an elected representative is by the people and for the people. If the elected representative is accused of assaulting his own voters, such a situation is bound to dent the fabric of democracy in this country and erode public confidence.”Timeline: The Dombivli doctor’s assault caseJuly 6: Shiv Sena corporator Ramesh Mhatre (73) and three others allegedly assault doctors, including a female doctor, at Shastri Nagar Municipal Hospital in DombivliJuly 6: Mhatre arrestedJuly 14: Sessions court grants him bailJuly 18: Bombay high court takes suo motu cognisance of case, stays bail order and directs Mhatre to surrender by July 19Aug 7: HC grants bail to Mhatre and three others, subject to stringent conditions to remain out of Maharashtra till chargesheet is filed. HC transfers case to a fast-track court and prescribes timelines for completing the probe, filing the chargesheet and proceeding with trialSept 7: Supreme Court allows Mhatre to withdraw his plea against the stringent bail conditions and agrees to hear an appeal by state govt challenging the bail granted. It issues a notice to Mhatre and seeks his response by Sept 28Sept 28: SC stays HC bail order, directs Mhatre to surrender within 3 days
