More energetic than a 25-year-old: HC refuses relief to Sena corporator Mhatre
The Bombay High Court on Monday refused to be persuaded by Shiv Sena corporator Ramesh Mhatre's plea seeking leniency on account of his age and
The Bombay High Court on Monday refused to be persuaded by Shiv Sena corporator Ramesh Mhatre's plea seeking leniency on account of his age and medical condition in the Dombivli doctors' assault case, remarking that he appeared "more energetic than a 25-year-old" while allegedly attacking doctors. The court extended the stay on the bail granted to Mhatre by a Kalyan sessions court and posted the matter for further hearing on July 27. Read Full Story A bench of Acting Chief Justice Ravindra V Ghuge and Justice Gautam A Ankhad was hearing the suo motu proceedings initiated after the lower court granted bail to Mhatre, who is accused of assaulting doctors and hospital staff at the Kalyan Dombivli Municipal Corporation (KDMC)-run Shastri Nagar Hospital on July 6. The incident, captured on CCTV and widely circulated on social media, sparked outrage across the medical fraternity and led to protests by doctors across Maharashtra. Appearing for Mhatre, advocate Sana Raees Khan urged the court to consider that the 73-year-old corporator suffers from multiple ailments, including having only one functioning kidney. She argued that he had rushed to the hospital as a social worker during an emotionally charged medical emergency involving a nine-month pregnant woman.
"The backdrop of this case is – it was an emotionally charged medical emergency. The lady could have died. The female patient could have died. In my humble submission, he had gone there only with the intention to help," Khan submitted. Responding to the plea, the bench observed, "When he was assaulting the doctor he seemed more energetic than a 25-year-old." Khan further contended that the pregnant woman had been kept waiting for nearly three hours despite repeated requests for treatment and that doctors had advised shifting her to Mumbai's Sion Hospital despite adverse weather conditions and a red alert. According to Mhatre's defence, he intervened after being contacted by the woman's relatives and merely requested the doctors to attend to her. The defence alleged that the doctors used derogatory language towards him, escalating the situation, and also claimed that some medical officers were not wearing white coats, creating confusion about their identity. COURT ALLOWS IMA’S INTERVENTION PLEA During the hearing, the High Court allowed an intervention application filed by the Indian Medical Association (IMA), which said it was standing by the three doctors allegedly assaulted and wished to assist the court.
Senior advocate CU Kamdar, appearing for the IMA, submitted that the association supported its members and argued that an institutional FIR ought to have been lodged within six hours in accordance with central guidelines. The bench also directed the Maharashtra government to preserve and keep ready CCTV footage from Thane Civil Hospital for July 8-10 and July 13-15 for possible examination during the next hearing. It further ordered the KDMC-run Shastri Nagar Hospital to preserve CCTV footage of the alleged assault between 7 pm and 10 pm on July 6. The court also questioned whether Mhatre had been produced before the magistrate through video conferencing while in police custody. Advocate General Milind Sathe informed the court that Mhatre's blood pressure had risen to 160 and that police initially sought to produce him virtually before the magistrate as the 24-hour custody period was nearing completion. However, after the magistrate declined the request, he was physically produced. Sathe added that Mhatre had collapsed before the police, prompting authorities to avoid taking any medical risk. THE JULY 6 HOSPITAL ASSAULT The case stems from the July 6 assault at Shastri Nagar Hospital after doctors advised the family of a newborn to shift the infant to another facility because of a shortage of NICU beds.
The BriefWire