Bombay High Court Reaffirms Jail Term for Ramesh Mhatre in Assault Case
Ramesh Mhatre, a Shiv Sena corporator, will remain in custody following the Bombay High Court’s decision to maintain a stay on the bail previously granted to him by a Kalyan sessions court. This decision was delivered on Wednesday by a division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad. The court had initially stayed the sessions court’s bail order, a stay that has now been extended.
During the session, the bench underscored the responsibility of law enforcement, stating, “We expect police authorities to protect citizens, especially law-abiding citizens and not the accused.” This statement reflects the court’s stance on ensuring public safety and law enforcement accountability.
Details of the Assault Incident
The case against Mhatre arose from an incident where he and his associates allegedly attacked two doctors and other staff at a civic hospital. The altercation stemmed from a disagreement over the treatment of a pregnant woman and her newborn. Due to the unavailability of NICU beds, the doctors had recommended transferring the patient to another facility. The patient’s family reportedly contacted Mhatre, leading to the assault on July 6.
Mhatre, along with five others, was arrested on July 8. They face charges including assault on a public servant, voluntarily causing harm, criminal intimidation, intentional insult, unlawful assembly, and rioting. Despite being granted bail on July 14, the Bombay High Court intervened and stayed the order on July 18, following a suo motu cognizance.
Court Proceedings and Health Concerns
During the latest hearing, the court inquired about Mhatre’s appearance before the magistrate, specifically whether this was conducted via video conference due to his health concerns. Advocate General Milind Sathe, representing the state, noted Mhatre’s elevated blood pressure, which led to a request for video conferencing that was ultimately denied by the magistrate, necessitating his physical appearance in court.
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Advocate Sana Raees Khan, defending Mhatre, highlighted his age and health issues, portraying him as a 73-year-old social worker with severe medical conditions, including a single functioning kidney. Khan argued that Mhatre’s intentions were to assist during a medical emergency, not instigate violence.
Court Orders and Interventions
The court observed, “When he was hitting the doctor, he seemed more energetic than a 25-year-old,” expressing skepticism about the defense’s portrayal of Mhatre’s physical condition. In response to the ongoing investigation, the bench directed the Maharashtra government to secure CCTV footage from Thane Civil Hospital from July 8 to 10 and July 13 to 15 for court examination on July 27. It also ordered the preservation of footage from Shastri Nagar Hospital on July 6, between 7 PM and 10 PM, covering the time of the alleged assault.
Additionally, the court permitted the Indian Medical Association (IMA) to join the proceedings as an intervenor. Senior Advocate CU Kamdar, representing the IMA, asserted the association’s support for the assaulted doctors, advocating for the prompt filing of an institutional FIR in accordance with central guidelines. The court acknowledged the IMA’s application, making them a respondent in the case.
