Mumbai: Observing that the investigation is being carried out in a “lackadaisical” manner, Bombay high court on Friday directed the special inspector general of police of Konkan division to personally supervise the probe into the Palghar hospital attack case and file a report on September 17.Justices Ajey Gadkari and Kamal Khata passed the direction while hearing a suo motu PIL on the July 6 Dombivli doctors’ assault incident.On Thursday, the HC was apprised about “another incident” at Relief Hospital in Palghar where Shiv Sena functionaries created a ruckus and allegedly assaulted a staffer over treatment to govindas injured during dahi handi in the wee hours of September 6.Public prosecutor Shishir Hiray submitted that of those named in the FIR, one was arrested, nine were absconding, and the pre-arrest bail pleas of three were rejected by a local court. He also informed that besides seven unknown persons, another five were seen in the hospital’s CCTV footage and all 12 have been arrested. Hiray added that efforts are being made to nab the nine absconding accused.The judges said perusal of spot panchnama showed nothing, it only reproduced statements recorded. “Nothing vital was sealed by the investigating officer or seized from the scene of the offence. Prima facie, it reflects upon the quality of investigation by Palghar police station,” they added.Noting that there was reference to the removal of saline from one of the govindas admitted in the ICU, the judges questioned why the spot panchnama did not mention it. “Whether it (saline bottle) was found? Whether the room was cleaned up? What adverse inference has to be drawn? Prosecution is failing day in and day out because of these reasons,” said Justice Gadkari.Hiray said medical documents were seized, the judges said that “a vital piece of evidence is not there”, adding that the entire case is based on the fact that doctors and nurses were threatened and a staffer was assaulted. When Hiray said the probe is at a nascent stage, the judges pointed out that if a crucial piece of evidence is not collected, “then how do you say investigation is correctly done?”Amicus curiae senior advocate Ashok Mundargi said “unknown people they (police) could find, but known people and locals they could not find”. “Now because of the court, if they go and seize some (saline) bottles, at trial someone is going to object,’’ he added.Mundargi suggested that the HC should monitor the investigation, “otherwise it will never get completed”.Ditto, said senior advocate S U Kamdar, for Indian Medical Association, as it opposed the anticipatory bail of three absconding accused. The judges noted that the state had not opposed them. Hiray insisted that a prosecutor was present and had informed the magistrate that it was a serious case. “You can’t be standing as a statue. Doctors are being hammered and prevented from doing their job…This is absolutely pathetic,” said Justice Khata.
