Mumbai: Not satisfied with the probe against Sena’s KDMC corporator Ramesh Mhatre and three others accused of assaulting doctors of a civic hospital earlier this month, Bombay HC on Monday directed that the investigation be handed over to the zonal DCP.Acting Chief Justice (ACJ) RV Ghuge said police accorded the neta “a rare type of respect” by trying to facilitate his production before a magistrate via video conference (VC) after his arrest. He noted that Mhatre was arrested 48 hours after the alleged assault.“Why do you (Mhatre) behave like this? Why beat the public? They are your voters. Surprising that a person who goes to voters and says ‘vote for me, I want to serve you’…after winning, starts beating people,” the ACJ said while hearing a plea filed by the corporator and others seeking bail on any stringent condition HC deemed fit. “Even in public life, you are for the public, are here for the public.”The state told HC that the probe was earlier handed over from a police inspector to a senior police inspector and will now be entrusted to the Kalyan DCP (zone 3) in two days.Advocate general Milind Sathe said as per public prosecutor Shishir Hirey’s submission at the hearing last week, police had “erred on the side of caution” since Mhatre’s blood pressure had shot up to 160 and had requested his production via VC to avoid any incident and any other controversy later. The magistrate had declined this request, following which Mhatre (73) was produced physically and remanded in three days of police custody, said Sathe. HC praised the magistrate.The ACJ noted that after being granted bail later, Mhatre had walked out “as if nothing had happened”. “There was a grand reception… So many supporters. This is what someone had argued that day. This means it was a pretence. Is this why you become a people’s representative?’’ he said. “This is very strange and counterproductive,’’ said the bench, which included Justice Gautam Ankhad.Mhatre’s senior counsel Aabad Ponda sought his release, saying a “hard lesson has been learnt”. He cited his age and health and said Mhatre may even be kept out of Maharashtra’s jurisdiction till the probe is complete and the chargesheet filed. He said after HC suo motu set aside the bail order, Mhatre immediately surrendered.Advocate Sanaa Raees Khan, for the other three co-accused, asked that they too be released as CCTV footage had already been seized. The bench said the footage showed that their actions were more “violent”. “Go watch the footage and come back on Wednesday,’’ said the ACJ.Senior counsel Ashok Mundargi, as amicus curiae (appointed by HC to assist it), agreed with Ponda that “bail is the rule and jail an exception” but said the investigation needs to be first completed and the chargesheet filed as the victims had in the FIR alleged being threatened with repercussions. He said the court may direct the probe to be expedited and completed before the mandated 60 or 90 days.HC directed that protection be given to the complainant doctor for his statement to be recorded in Washim, where he has been staying since the assault.HC posted the matter for Friday to enable victims to file affidavits by then, but said adjournment cannot be given freely as in a ‘civil case’. “The court must be fair to him (Mhatre) too,’’ the ACJ said.So far, three nurses and two doctors, the chief medical officer and the chief health officer of KDMC have recorded their statements, the public prosecutor said. Ten more witnesses are yet to do so. HC sought a probe update on Friday.Doctors and staff of the Dombivli hospital were attacked after a pregnant patient’s relatives alleged delay in her treatment on July 6. An FIR was lodged the next based on a doctor’s complaint. Asked by HC, the public prosecutor said KDMC did not file a complaint. Mhatre was arrested on July 8 and got bail from a magistrate on July 15. HC stayed that order on July 18 and he surrendered the next day.
