"It is clear that the legislature has made a special enactment for the protection of Medicare Service Persons including doctors and for the protection of property of hospitals," said the Bombay high court Chief Justice Mohit Shah on Friday.
The Solapur police on Friday filed an FIR under a special law against the inspector accused of assaulting a doctor on December 31 and two more policemen who were with him. The development prompted the resident doctors' association to call off their state-wide strike.
"Any act of violence against a Medicare Service Person or any act causing loss or damage to property of a hospital is now made a cognizable non-bailable offence indicating the clear Legislative intent that the police authorities and the Courts are required to treat such acts as serious offences.''
The police had registered a criminal case for non-cognizable and bailable offences against three police officers including police inspector Arun Waikar for beating up a young 24-year-old resident surgeon at the Solapur Government Medical College on December 31, 2013.
The HC said that doctors specifically mentioned in their representation to the Solapur medical college dean that on seeing the CCTV footage the commission of offence by the concerned police officers is obvious as the matter was very serious.
In spite of the above, it is the case of the police authorities through learned Assistant public prosecutor Prajakta Shinde said that the Dean of the Medical College handed over the CD containing the CCTV footage recording the incident that took place on December 31 at about 2.30am only on Thursday, January 2, 2014 at 8.00 pm.
However, a resident doctor present before the court at the hearing of the PIL informed the court that that the deputy commissioner of police (Crime Branch), Solapur who had come to the Chamber of the college Dean at 6.30 am in the morning of December 31 was shown the CCTV footage right then through the Video recorded on a mobile.
Sections 3 to 5 of the MMSPMSI Act:
Section 3: Any act of violence against a Medicare Service Person or damage or loss to the property in a Medicare Service Institution, shall be prohibited.
Section 4: Any offender, who commits or attempts to commit or abets or incites the commission of any act of violence in contravention of the provisions of section 3, shall be punished with imprisonment which may extend to three years and with fine, which may extend to fifty thousand rupees.
Section 5: Any offence committed under this Act, shall be cognizable and non-bailable and triable by the Court of Judicial Magistrate of the First Class.
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