Palghar hospital assault case proceedings came under sharp scrutiny in the Bombay High Court on Wednesday, after the court questioned why nine of the 10 accused in an alleged attack at a private hospital remained absconding. The court also raised concerns about the investigation, the absence of a properly maintained case diary and what it described as a casual approach by Palghar police.
A division bench of Justices Ajey Gadkari and Kamal Khata was hearing a suo motu public interest litigation concerning the assault on doctors at a Dombivli municipal hospital when the matter involving Relief Hospital in Palghar was brought to its attention. Senior advocate Ashok Mundargi, appointed as amicus curiae, mentioned the incident as another case involving violence against hospital staff.
According to the information placed before the court, the Palghar incident took place at about 1.50am on September 6. Shiv Sena workers allegedly assaulted an employee of Relief Hospital, abused doctors and threatened to damage the property after five govindas injured during a dahi handi event were told they needed to undergo CT scans. An FIR was registered at about 6.40am.
Public prosecutor Shishir Hiray told the court that one of the 10 accused had been arrested and nine were absconding. Seven of those listed as accused were unidentified. The arrested accused was identified as Rahul Gharat, the Shiv Sena Palghar city chief, who was remanded to police custody twice. When the bench asked whether Gharat had disclosed the names of the unidentified accused, Hiray replied that he had not.
The court questioned Palghar superintendent of police Yatish Deshmukh about the steps taken to trace the absconding accused. “What steps have you taken to trace them?” Justice Gadkari asked, according to the report. Deshmukh replied that he would ensure their arrest. The bench also questioned how the accused could have disappeared after the FIR was registered and asked whether someone had informed them that a crime had been registered.
Senior advocate S U Kamdar, appearing for the Indian Medical Association, told the court that one of the absconding accused was the son of an MLA. The bench asked why the accused had not been traced and warned that the investigation could be transferred to the crime branch if the police were not conducting it seriously.
The judges also criticised the police for failing to maintain the case diary in continued pagination. The court described the document produced before it as not being a proper case diary and referred to an alleged breach of provisions under the CrPC or Bharatiya Nagarik Suraksha Sanhita, earlier High Court orders and circulars issued by the director general of police.
The bench asked the public prosecutor to obtain instructions from the DGP on possible action against the investigating officer. Hiray later informed the court that the DGP, who was in Delhi, would return on Thursday, call for the complete record and decide what action should be taken. Justice Gadkari also questioned whether the Palghar superintendent of police had control over the investigation.
The court was separately informed that a chargesheet had been filed in the Dombivli doctors’ assault case and that a special public prosecutor had been appointed. The High Court objected to information being submitted through papers handed across the bar rather than through an affidavit. The Palghar and Dombivli matters were posted for further hearing on Friday.
