A division bench of Justices S A Bobade and Mridula Bhatkar ordered the government to file an affidavit within two weeks, stating details of the police officer who was responsible for the security of the accused, Tanaji Bhoite, who had got himself admitted to Bombay Hospital for a surgery.
The affidavit was sought in a public interest litigation filed by a corporator, Narendra Patil, from Jalgaon demanding departmental inquiry against the senior police inspectors of Marine Drive and Azad Maidan police stations for their "callousness" which resulted in the accused giving them the slip.
According to the PIL, a detention order was passed by a metropolitan magistrate at Jalgaon on January 10, 2011, against Bhoite under the Maharashtra Prevention of Dangerous Activities of Slumlords, Bootlegger, Drug Offenders and Dangerous Persons Act (MPDA). He has around six offences registered against him.
Bhoite had challenged this detention order in the High Court and sought that he be allowed to undergo a bypass graft surgery at a private hospital in Mumbai.
The High Court allowed him to be admitted to Bombay Hospital for the surgery but directed that a police constable be deployed outside his room for security purpose. In May last year, the High Court rejected his petition and directed him to surrender before the jail authorities on May 20, 2011.
However, on May 15, Bhoite managed to give the police constable at the the hospital the slip. The petitioner has alleged that Bhoite went to the official residence of minister Gulabrao Devkar and started abusing him, following which police arrived and arrested him.
The petitioner has alleged that Bhoite's escape from the hospital was facilitated by the police and hence inquiry should be conducted.
