Dr Payal Tadvi Suicide Case: Mother Moves Bombay HC Against Govt’s Decision To Remove Special Public Prosecutor

Mumbai: The mother of Dr. Payal Tadvi, who allegedly died by suicide in 2019 due to alleged alleged harassment by her seniors, has moved the Bombay High Court challenging the Maharashtra government’s decision to remove Special Public Prosecutor (SPP) Pradeep Gharat from the case.

A bench of Justices Revati Mohite-Dere and Neela Gokhale, while hearing a plea by Abeda Tadvi, asked the Additional Public Prosecutor to take instructions and respond by April 2.

Abeda had earlier written to Chief Minister Devendra Fadnavis requesting Gharat’s reappointment until the trial concludes, but received no response, prompting her to approach the court. The trial, involving three senior doctors accused of abetting Tadvi’s suicide — Bhakti Mehare, Ankita Khandelwal, and Hema Ahuja — has yet to commence.

On March 20, advocate Mahesh Mule appeared as the new SPP. Meanwhile, the trial court is scheduled to hear the case on April 9. The petitioner has sought a stay on the government’s notification removing Gharat and urged his reinstatement, arguing that the decision would delay the trial and jeopardize crucial evidence.

The plea by the mother stated that actions of the state Law and Judiciary Department along with the Home department to remove Gharat as SPP are “arbitrary and illegal,” and “will lead to delay in the trial and risk of losing crucial evidence on account of such protracted trial, which cannot be allowed.”

“This would lead to the entire process of securing justice ineffective and a mere formality,” it added. The plea further claimed that the actions by the government “indicate legal malice and amount to interference with smooth and proper administration of justice” and were in violation of the petitioner’s right of speedy and fair trial.

Notably, last month, Gharat had successfully moved an application before the sessions court to include Dr. Yi Ching Ling, the then Head of the Gynaecology Department at BYL Nair Hospital, as an accused. He argued that Dr. Ling ignored complaints of ragging and caste-based harassment against Tadvi, a member of the Tadvi Bhil Scheduled Tribe.

Based on this, the trial court ordered Dr. Ling’s addition as an accused on February 28. However, Dr. Ling has challenged this order before the High Court, with a hearing set for March 28.

The petition further contends that the government’s move violates the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act and the Bhartiya Nagrik Suraksha Sanhita (BNSS). It also highlights an anti-ragging committee’s report, which allegedly held Dr. Ling complicit in Tadvi’s suicide for failing to act on complaints.

Dr. Tadvi, a postgraduate student at BYL Nair Hospital, allegedly died by suicide on May 22, 2019, after enduring severe harassment and casteist abuse from her three senior colleagues. They were arrested under the SC/ST Act and the Maharashtra Prohibition of Ragging Act but are currently out on bail.