Mumbai: In a setback to the Mumbai Police Crime Branch, the Bombay High Court on Thursday refused to grant custody of the three doctors arrested for abetting suicide of their junior Dr Payal Tadvi. The HC has, however, granted ‘specific custody’ of the trio, wherein the Crime Branch has been ordered to interrogate them only for four days from morning 9 o’clock to evening six.
A bench of Justice Sambhaji Shinde also pulled up the Mumbai police for adopting a casual approach in investigating the suicide of Dr Payal, who committed suicide last month. It was later revealed by her family that she killed herself owing to the constant harassment and casteist abuse her seniors, Dr Bhakti Mehere, Hema Ahuja, Ankita Khandelwal, subjected her to.
The trio, who were arrested last week, were first remanded to police custody for two days and then sent directly to judicial custody. The day the accused doctors were sent to jail, the investigations were handed over to Crime Branch from the local police. Aggrieved with this order the Crime Branch had petitioned the bench of Justice Shinde, seeking custody of the three doctors on the ground that it did not get an opportunity to interrogate the accused.
The Crime Branch’s request was vehemently opposed by advocate Abad Ponda, appearing for the doctors. He argued that the trio only pulled up Dr Payal as she had committed several mistakes in preparing reports, despite being posted in the women and child department, which is considered to be most sensitive. In his submissions Ponda also suggested the bench to give specific custody of the accused to the Crime Branch so that the trio can be brought out from jail for a particular time period and again sent back.
Accepting the said suggestion, Justice Shinde said, “The accused persons are medical officers and are making themselves available for interrogation. They are not some habitual offenders or hardcore criminals. Do keep this in mind when you (Crime Branch) interrogate them.”
Justice Shinde also referred to the orders of the special court against which the Crime Branch had sought reliefs. “The special court’s order specifically states that the police did nothing for the two days, when the accused were in their custody.”
“This court fails to understand that when the State realises that it is a sensitive case, then why does the police not entrust investigations into the case to a senior officer immediately and delay the probe like this,” Justice Shinde said. Meanwhile, the trio have filed their applications seeking bail before the special court, which is expected to hear the same on June 10.
