Mumbai, Jul 27 Expressing dissatisfaction over the investigation against Shiv Sena corporator Ramesh Mhatre, accused of assaulting doctors at a hospital, and the alleged favourable treatment by police, the Bombay High Court on Monday ordered that the probe be entrusted to the DCP of the concerned zone.
No investigation was carried out at all initially after the alleged incident, and police showed a "rare respect" for the accused, a bench of Acting Chief Justice Ravindra Ghuge and Justice Gautam Ankhad said.
"In fact, the police officials (in-charge of the probe) obliged Mhatre and had sought permission from a local court to produce him via video conference for remand. They (police) showed a rare respect for the accused," the bench said.
The high court said the investigation shall be entrusted with the Deputy Commissioner of Police of the concerned zone.
"The DCP shall take over the probe as expeditiously as possible and ensure that all appropriate steps are taken to record statements of complainant, victims, and witnesses by granting them adequate protection," the bench said and ordered the DCP to intimate the court on the progress of the investigation on July 31.
The bench also deprecated Mhatre's conduct at the time of the incident and also after his arrest.
"He is an elected corporator. He is in public life and has vowed to serve the public. Why then does he behave like this?" the HC asked.
The bench said it was surprised to see that a person who first goes around seeking votes from the public and, after getting elected, goes on assaulting the same people.
"This is very strange and counterproductive," the high court observed.
The bench noted that Mhatre got himself admitted to a hospital after he was remanded to judicial custody, claiming his blood pressure was high; however, at the time of allegedly assaulting the doctors, he seemed completely fine.
And then when he got bail, he immediately walked out of the hospital where he was welcomed by several of his supporters, the high court said.
Mhatre and his aides allegedly attacked doctors and medical staff at a civic hospital in Dombivli in Thane district on July 6 after a pregnant patient's relatives alleged delay in her treatment.
Mhatre was granted bail by a magistrate's court on July 15.
Earlier this month, the high court took suo motu (on its own) cognisance of the matter and expressed concerns over the "gravity and seriousness" of the issue. It stayed the Kalyan court's order granting Mhatre bail, saying it was "perverse".
Following the HC's intervention, Mhatre surrendered before the police. He is in judicial custody.
Senior counsel Aabad Ponda, appearing for Mhatre, on Monday urged the high court to consider vacating its earlier order staying the bail and said strict conditions shall be imposed on his client.
A lesson has been learnt, and a hard message has been sent across, Ponda said, adding that Mhatre was even willing to stay out of Maharashtra until the charge sheet in the case is filed.
Senior advocate Ashok Mundargi, appointed by the court for assistance, said Mhatre could be released on bail; however, the investigation should to be conducted and completed in a time-bound manner to ensure fairness.
