Mumbai: The Bombay High Court on Wednesday expressed concerns over the independence of prosecutors working under a “hanging sword,” referring to the state’s decision to remove advocate Pradeep Gharat as Special Public Prosecutor (SPP) in the high-profile Dr. Payal Tadvi case.
A bench of Justices Ravindra Ghuge and Gautam Ankhad noted that it would examine whether prosecutors could function effectively under such circumstances, questioning the potential impact on trial proceedings.
Payal Tadvi, a postgraduate student at BYL Nair Hospital, allegedly died by suicide on May 22, 2019, after suffering severe caste-based harassment and ragging by three senior doctors – Bhakti Mehare, Ankita Khandelwal, and Hema Ahuja. Gharat had handled the case from the beginning, but his removal by the state government in February sparked controversy.
Removal Challenged by Victim’s Mother
Abeda Tadvi, Payal’s mother, challenged the decision in the HC, calling the removal of Gharat “arbitrary and illegal,” arguing that it could delay the trial and jeopardise crucial evidence. On August 11, the court directed the state government to inform it by August 13 whether Gharat would be willing to resume his role as SPP.
On Wednesday, the court questioned whether the state’s actions undermined the prosecutor’s independence. “How far can prosecutors work under a hanging sword?” the bench asked, expressing concern about the chilling effect such decisions could have on the prosecution’s autonomy. The court emphasised the critical role of the prosecutor in adding accused individuals to the case for fair justice.
Accused HOD Addition Raises Doubts
The state’s decision to remove Gharat followed the trial court’s move to add Dr. Yi Ching Ling, the former head of the gynaecology department at BYL Nair Hospital, as an accused. This addition came after Gharat filed an application to do so. The timing raised doubts, with the bench asking, “Is it a coincidence that the HOD was added as an accused, and he was then removed?”
Public prosecutor Hiten Venegaonkar clarified that the process began in December 2024 and was communicated in March. He noted that the application to add Ling as an accused was filed in February and the order passed in March.
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Court Considers Reinstatement
On the last hearing, the court asked additional public prosecutor S. Gavande to inquire with Gharat about his willingness to return as SPP. Gavande informed the bench that Gharat had expressed readiness to return if permitted by the court.
When the court indicated it would reinstate Gharat, Venegaonkar requested time to consult the government. The HC has kept the matter for hearing on August 26.
