SC backs Bombay HC action in Thane doctors' assault case, says attackers don't deserve bail

The Supreme Court on Tuesday, September 1 said the Bombay High Court was "fully justified" in taking suo motu cognisance of the assault on doctors at a municipal hospital in Thane district and staying the bail granted to Shiv Sena corporator Ramesh Mhatre, one of the accused.

A bench of Justices Vikram Nath, Augustine George Masih and Sandeep Mehta also observed that those who attack doctors do not deserve bail.

The observations came while the bench was hearing pleas, including one filed by Mhatre, challenging orders passed by the high court in the case.

Mhatre, a corporator of the Kalyan-Dombivli Municipal Corporation (KDMC), has challenged the conditions imposed by the high court while granting him bail.

On July 18, the high court, acting suo motu, stayed the bail granted to Mhatre by the trial court and directed him to surrender before the police.

It later granted bail to Mhatre on August 7 while directing that the trial be fast-tracked and completed within a time-bound period.

The high court also granted bail to three other accused in the alleged assault, which had triggered widespread outrage.

During Tuesday's hearing, one of the lawyers appearing for the petitioners argued that the high court's July 18 order was incorrect.

"This is a case where the high court is fully justified in taking suo motu cognisance and staying the bail," the bench said.

"Those who don't have any respect for people from the medical fraternity, they don't deserve it," it observed.

The bench noted that doctors, including a woman doctor, were assaulted and that a video of the incident had gone viral.

"Imagine the trauma of the person when a mob attacks. You can go inside a hospital and hit any random person," the bench remarked.

The counsel appearing for the Maharashtra government said the state would also file a petition challenging the grant of bail.

The Supreme Court posted the matter for further hearing on September 7.

The incident took place on July 6 at Shastri Nagar Hospital after Mhatre and other accused allegedly gathered there and assaulted doctors following an argument over an alleged delay in treating a woman patient.

Family members of the pregnant woman had accused the hospital staff of delaying treatment.

A court in Thane granted bail to Mhatre on July 14, but the Bombay High Court stayed the order four days later, describing it as "perverse".

On August 7, the high court granted bail to Mhatre and some other accused subject to stringent conditions. It also directed them to remain outside Maharashtra until the chargesheet is filed.