Bombay HC grants bail to corporator, says assault on voters harms democracy

The Bombay High Court on Friday granted bail to Shiv Sena corporator Ramesh Mhatre and three others in a case related to an alleged assault on doctors at a municipal hospital. The court, while granting bail, made critical observations about the conduct of elected representatives, stating that an assault on voters by a public representative harms the very structure of democracy.

A division bench comprising Acting Chief Justice Ravindra Ghuge and Justice Gautam Gandhi was hearing the matter. The High Court had initiated suo motu proceedings after discovering that Mr. Mhatre had been granted bail by a lower court. The bench set aside the earlier bail and re-examined the case before granting fresh bail with stringent conditions.

According to the court’s order, the accused will have to stay outside Maharashtra until the chargesheet is filed. They are also required to report to the local police station in their place of residence three times a week during this period. The court was informed that the investigation is nearly complete and the chargesheet is expected to be submitted within 15 days.

In a relief for the doctors who were attacked, the court directed the state government to provide them police protection. This protection will remain in force until the doctors themselves indicate that they no longer feel threatened. The Kalyan-Dombivli Municipal Corporation (KDMC), which runs the hospital, has been told not to take any disciplinary action against the doctors for their absence from work following the incident.

The court also took steps to ensure a swift trial. It ordered that the case be placed on fast-track mode and directed the state government to appoint a Special Public Prosecutor. The bench made it clear that the appointed prosecutor shall not be replaced until the trial concludes.

The incident in question took place at a corporation hospital, where Mr. Mhatre and four others allegedly attacked three doctors. The High Court, in its earlier order cancelling bail, had noted that the magistrate had not considered the antecedents of the accused. The court had also remarked on the alleged use of files and chairs as weapons during the assault.

On July 27, the court had questioned Mr. Mhatre about his conduct, observing that people vote for their representatives, but after the election, the accused uses files and chairs to assault them. This observation reflects the judiciary’s concern over the growing incidents of violence against citizens, particularly by those in positions of power.

The case has broader implications for democratic governance. It serves as a reminder that elected officials are accountable to the public and must adhere to the rule of law. The High Court’s intervention, including the cancellation of bail and the imposition of conditions, underscores the judiciary’s role in protecting the rights of citizens and maintaining the integrity of democratic institutions.

Doctors and healthcare professionals have often faced violence in their workplaces. The court’s order providing police protection to the doctors is a significant step in acknowledging the need to safeguard those who serve the public.

The matter will now proceed on fast-track, with the trial expected to commence after the chargesheet is filed. The state government has been directed to ensure compliance with the court’s orders.