Bombay High Court Imposes Hefty Fine Of Rs 1 Lakh On A Social Worker Accused Of Assaulting Doctor Over Covid Death [Read Order]

The Bench of Justice Bharati Dangre directed the applicant/accused to deposit an amount of Rs.One lakh in the C.M. Relief Fund. The Court also clarified that failure to deposit the amount would denude him of the protection from his arrest.

Matter before the Court

The applicant/accused was booked for the offence punishable under Section 452, 323, 504, 506, 509, 269 and 270 of the IPC, and also Sections 2, 3, and 4 of the Epidemic Diseased Act, 1897.

It was alleged in the complaint that one person (Applicant/Accused) barged into the consulting room of Dr.Rahul Jadhav and started abusing the complainant.

He (Applicant/Accused) questioned as to how the Corona patient died and he assaulted the him by fist and also abused staff of the hospital.

This resulted into the filing of a C.R which came to be numbered as C.R.No. 463 of 2020. The applicant/accused, apprehending his arrest in the said C.R. had approached the Court.

The family members being in deep sorrow due to the demise of their near one, the applicant argued before the Court that he might have overreacted but now he bewails.

Court's order

The Court observed that the sorrow and grief of the family members of a patient who was entrusted in the care of the hospital staff could very well be understood.

However, the Court said, it also cannot be forgotten that in the turbulent times of the COVID pandemic, it is the doctors and the nursing and health staff who have acted as corona warriors had been saviours for the infected persons.

The Court was of the view that the complainant, who himself is a Doctor, and what has suddenly triggered the death of a COVID patient couldn't be so easily explained and the manner in which the ruckus was created, caused tremendous mental stress not only to the complainant but on the entire team of the health workers working with him.

The Court further remarked,

"The incident is really unfortunate, when the medical fraternity itself was subjected to an attack, verbal and physical at the instance of the applicant, though it can be very well understood that he lost his temper on account of the sudden demise of his near relative, but at the same time, it can be very well discerned that the applicant had no intention and since he is remorseful of his action and perceive that he ought to have behaved in a responsible manner as his over anxiety did not yield any results." (emphasis supplied)

The Court also observed that since the applicant had no intention to commit any offence or deal with the situation in a manner in which he has dealt with, the applicant required protection.

"But he must be made accountable for his irresponsible act and particularly towards the health workers who are fighting the battle of Pandemic on the forefront", noted the Court.

In this context, the Court ordered:-

* In the event of his arrest, the Applicant - Shivaji Jadhav in connection with FIR No.0463 of 2020 shall be released on bail on furnishing P.R. bond to the extent of Rs.25,000/- with one or two sureties of the like amount.