'Police Must Protect Law-Abiding Citizens, Not Accused': Bombay High Court Slams 'VIP Treatment' To Shiv Sena Corporator Who Assaulted Doctors

A division bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad expressed serious displeasure after learning that Mhatre had been produced virtually before a Magistrate, for remand.

Observing that the police are duty-bound to protect law-abiding citizens and not accused persons, Acting Chief Justice Ghuge orally remarked,

“We want to know why such a VIP treatment was given to this accused? The police must protect citizens and not the accused. We do not want a situation in this country where police is not protecting citizens and law-abiding citizens but accused.”

The bench also questioned the circumstances under which Mhatre was admitted to a hospital after his arrest.

The issue arose after Advocate General Milind Sathe informed the court that Mhatre's blood pressure had risen to 160/100 after his arrest. He was admitted to hospital and produced before the Magistrate through video-conferencing to ensure compliance with the requirement of producing an accused within 24 hours, AG said.

The explanation visibly failed to impress the bench, which orally responded,

“For blood pressure of 160/100 he was admitted? When we sit here in this court and some lawyers argue anything, even our BP goes 160/100. Even we should get admitted?”

The court further indicated that it may order an inquiry against the police officer who decided to produce Mhatre virtually.

“We want the name of this officer, who after arresting the accused came up with this innovative idea of producing him through VC. Either we will call the Commissioner of Police, Thane in court,” the ACJ said.

When the Advocate General submitted that Mhatre had allegedly collapsed and was therefore shifted to a hospital, the bench responded sharply, “But while beating the doctors brutally, he didn't collapse?”

Senior Advocate Sana Khan, appearing for Mhatre, urged the court to consider her client's age and medical condition, stating that the 73-year-old corporator suffers from several ailments and is living with a single kidney. She also sought bail on medical grounds.

The bench however, unconvinced, said,

“But while he was brutally assaulting the doctors, he didn't seem he is 73 but he seemed to be of 25 years. The way he thrashed those doctors, including women, we are surprised that they are alive today. You are a social worker; your work is to protect citizens or to assault them?”

Khan urged the court to consider the circumstances in which the incident occurred and pointed out that Mhatre had surrendered and was willing to comply with any conditions imposed.

Rejecting the submission, the bench observed, “So what? Beating a doctor is the best option? Suppose a litigant comes to a lawyer and no lawyer is ready to take up their case, shall the litigant start assaulting the lawyers?”

When Khan reiterated that Mhatre had surrendered, the ACJ remarked, “No obligation to society he's doing. Let him be in for some more time.”

The High Court also directed preservation of the hospital CCTV footage relating to the incident and permitted the Indian Medical Association to intervene in the matter.

The observations came days after the High Court, in a special sitting held on Saturday, took suo motu cognisance of bail granted to Mhatre and four of his associates accused in the assault case.

The High Court had cancelled the bail, observing that the Magistrate Court had “taken it lightly” and failed to consider Mhatre's antecedents as well as the gravity of the attack on the doctors.

Mhatre and four others are accused of assaulting three doctors at a municipal hospital, an incident that sparked outrage among the medical fraternity and prompted doctors across Maharashtra to announce a statewide strike on July 22.

While cancelling the bail granted to the accused, the High Court had appealed to doctors working in government and civic hospitals to reconsider their decision to abstain from work in the larger public interest.