Mumbai: Questioning why nine out of the ten accused in the Palghar hospital staff assault case are absconding, Bombay high court on Wednesday rapped Palghar police observing that it learnt no lesson from the assault on doctors of a Dombivli municipal hospital in July.“They were waiting for another case to happen. Point blank we are told they (the accused) are absconding. It reflects your efficiency,” said Justices Ajey Gadkari and Kamal Khata.The judges said “this is a sensitive case’’ where a hospital was vandalised and doctors were threatened,” adding; “You are doing nothing. You have taken a casual approach.” They also asked why an adverse inference should not be drawn against the investigating officer.HC was hearing a suo motu PIL on the Dombivli doctors’ assault incident when amicus curiae senior advocate Ashok Mundargi mentioned there was “another incident” in a private hospital in Palghar.In the wee hours of Sunday, Shiv Sena workers had allegedly assaulted an employee of Relief Hospital, abused doctors, and threatened to damage property after being told that five govindas injured during dahi handi needed to undergo CT scans.Public prosecutor Shishir Hiray said the incident took place around 1.50am on Sept 6. An FIR was lodged around 6.40am. Out of 10 accused, one was arrested, nine are absconding and seven are unknown. He informed that the arrested accused, Shiv Sena Palghar city chief Rahul Gharat, was twice remanded to police custody.To the judge’s query whether Gharat disclosed names of the unknown persons, Hiray replied, “No.” Senior advocate S U Kamdar, for Indian Medical Association, said “one absconding accused is an MLA’s son”.The judges questioned why the absconding accused are not traced. Hiray replied that the police “are trying”. Justice Gadkari then questioned Palghar police superintendent Yatish Deshmukh: “What steps have you taken to trace them? Because of your laxity, they are absconding. How can 8-9 persons abscond?” Deshmukh replied: “I will ensure they are arrested.”The judges questioned how after lodging of FIR, the nine “vanished”. “Who gave the accused information about registration of crime? …There is no investigation at all. If you are not investigating seriously, tell us openly. We’ll ask the crime branch,’’ said Justice Gadkari.The judges said “this is a sensitive case’’ where a hospital was vandalised and doctors were threatened, adding; “You are doing nothing. You have taken a casual approach,” said Justice Gadkari. The judge also asked why an adverse inference should not be drawn against the investigating officer. “Though being locals, the officer is not able to trace them. One case is not sufficient? Is it because Palghar is a separate district from Thane?’’ asked Justice Gadkari.The judges were also furious that “as usual no case diary” was maintained in continued pagination “blatant breach” of a CrPC/BNSS provision, HC orders and DGP’s circulars. “How can you tender documents to us? This is not a case diary,’’ said Justice Gadkari. The judges then asked Hiray to take instructions from the DGP on what action would be taken against the IO. Also, to tell him “that SP Palghar has no control over the case.” Hiray later informed that he spoke to the DGP who is in Delhi and he conveyed he will return on Thursday, “call for the entire record and will see what is to be done.”Earlier Hiray also informed that in the Dombivli doctors’ assault case, “ a chargesheet is filed in the matter today” and a special public prosecutor has been appointed. HC also objected to information “being tendered in papers across the bar and not in an affidavit.” It posted both cases on Friday.
