SC says medical fraternity can't be attacked, cancels Shiv Sena corporator's bail

Asserting that the medical fraternity cannot be touched, the Supreme Court on Monday stayed the Bombay High Court order granting bail to Shiv Sena corporator Ramesh Mhatre who was accused of assaulting doctors at a municipal hospital in Thane district. The corporator was directed to surrender within three days

A bench of Justices Vikram Nath and Sandeep Mehta admitted the Maharashtra government's order appeal for hearing.

"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," it said.

There was a similar incident involving the same party after the Mhatre episode, the apex court noted.

Mhatre's lawyer argues trial is underway

Senior advocate Siddharth Dave, appearing for Mhatre, a corporator of the Kalyan-Dombivli Municipal Corporation (KDMC), said two witnesses had already been examined. The complainant, a woman doctor, is to be examined on October 3, the trial has started and there is no obstruction, he said.

Advocate Rajeev Kumar Panday, appearing for the doctor, said the accused has criminal antecedents and has 19 cases, including this one, pending against him. This, he argued, shows what Mhatre will do if he stays outside.

All these were politically motivated cases and Mhatre was acquitted in 18 of them, Dave countered.

"He has already spent some time in custody and is cooperating with the trial. The offence is magistrate triable and the maximum sentence is five years. Kindly consider that two witnesses have already been examined out of the total 60," he submitted.

SC calls case serious, seeks speedy trial

Requesting for speedy trial as directed by the high court, the bench said it is not commenting anything on the direction.

Justice Mehta said the case is serious as it interferes with public order and the court wants to send a message that no one should attack doctors.

What happened at Shastri Nagar Hospital

The incident took place at Shastri Nagar Hospital on July 6 after family members of a pregnant woman accused hospital staff of delaying treatment. Mhatre and the four other accused gathered at the hospital and assaulted the doctors after an argument over the alleged delay in the treatment.

On August 7, the high court granted bail to Mhatre and ordered that the trial be fast-tracked and completed in a time-bound manner. It also granted bail to the four other accused in the case that had led to massive outrage.

The high court imposed strict conditions on all and ordered them to stay outside Maharashtra until the chargesheet in the case is filed.

A court in Thane district granted bail to Mhatre on July 15.