Bombay HC Transfers Dombivli Hospital Assault Probe to Kalyan DCP
The Bombay High Court on Monday transferred the investigation into the alleged assault on doctors at Shastri Nagar Municipal Hospital in Dombivli to the Deputy Commissioner of Police (DCP) of Zone III, Kalyan. The court expressed strong displeasure over the initial handling of the case against Shiv Sena (Eknath Shinde) corporator Ramesh Mhatre and refused to lift its stay on his bail.
A Bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad observed that local police had initially failed to conduct a proper probe and appeared to extend undue consideration to the accused. The court noted that there was virtually no investigation in the beginning and criticized authorities for showing "rare respect" to Mhatre by seeking magistrate permission to produce him through video conferencing for remand proceedings.
Directing the DCP to take over the case within two days, the High Court ordered the officer to promptly record statements from the complainant, victims, and witnesses while ensuring they receive adequate protection. The prosecution informed the court that police had already recorded statements from the complainant, two senior medical officers, and three nurses, with around 10 additional witness statements remaining. The DCP has been directed to submit a progress report when the matter is heard next on July 31.
The court specifically ordered police protection for the complainant after being informed that the individual had received abusive phone calls and threats following the incident.
The case stems from a July 6 incident where Mhatre allegedly assaulted doctors and hospital staff at Shastri Nagar Municipal Hospital in Dombivli following a dispute over the treatment of a pregnant patient. A Kalyan court subsequently granted bail to Mhatre, but the High Court stayed the order, describing it as "perverse." Mhatre later surrendered and remains in judicial custody.
During Monday's hearing, senior counsel Aabad Ponda, representing Mhatre, urged the court to remove the stay on bail, noting that his client had spent over 20 days in custody. Ponda submitted that Mhatre was prepared to comply with strict conditions, including staying outside Maharashtra until the investigation concludes and the chargesheet is filed. However, the Bench remained unconvinced that a sufficient message had been sent.
The Bench was also critical of Mhatre's conduct as an elected representative, questioning why someone elected by the public would allegedly assault them in public. Senior advocate Ashok Mundargi, serving as amicus curiae, submitted that the investigation should be completed within a fixed timeline to ensure fair treatment for both the prosecution and the accused.
