KEM Hospital Professor denied anticipatory bail in sexual harassment case

Mumbai: A Mumbai sessions court on Wednesday denied the anticipatory bail plea of a senior doctor from the BMC-run KEM Hospital, citing concerns that he could influence the victims and hinder the probe into allegations of sexual harassment.

The pre-arrest bail plea of a professor in the forensic medicine and toxicology department of the civic-run hospital in central Mumbai was rejected by Additional Sessions Judge Gauri Kawdikar. 

According to the PTI report, he has been booked under Bharatiya Nyaya Sanhita (BNS) provisions, which deal with assault, sexual harassment, and gestures intended to insult a woman’s modesty.

Also Read:Court denies anticipatory bail to Paediatric Surgeon Accused of Negligence in 5-Year-Old's Death

As per police, a complaint was initially filed by a 32-year-old assistant professor, accusing doctor of repeatedly making inappropriate comments and physical advances. Later, five more doctors came forward with similar allegations against him.

As per the allegations, the doctor would pull female doctors, staff and students towards him for taking selfies and touch them inappropriately.

Additional Public Prosecutor Jyoti Sawant told the court the applicant took photos of the victims on his mobile phone, which are yet to be recovered from him.

Till now, there are six victims and the possibility of other women doctors, who have completed their education from the (KEM Medical College), facing similar incidents cannot be ruled out. Further, doctor and his wife pressurised the main complainant and other victims to withdraw the complaint and they have produced screenshots of their phones to back their allegations, the prosecution argued.

Defence, on the other hand, contended that a “false and concocted FIR” has been filed against the applicant.

The senior doctor has been working at KEM Hospital for the last many years without having any single complaint against him. There was an inordinate delay in registering the FIR and the complaint has been filed “due to personal grudge and internal politics instigated by Harish Pathak (Head of Forensic Department and Academic Dean)”, the defence submitted.

The court, after hearing both sides, noted that upon perusal of the screenshots it is clearly seen “there are messages or missed calls from the applicant or his wife to the victims” after the FIR was registered.

“Thus, it is clear the applicant is directly or indirectly trying to influence or pressurize the victims. In other words, there is a strong possibility of the applicant hindering the investigation,” the court observed, reports PTI.

The court further noted that “due to the high post of the applicant, he is in a strong position to influence the victims”.

“There is a possibility that there are many more victims who have suffered at the hands of the applicant, but silently endured the same,” Judge Kawdikar maintained.

Further, the court said for the victims to come forward freely “without any pressure or undue influence”, doctor cannot be allowed to hinder or interfere with the investigation.

The Judge affirmed the accused cannot be granted pre-arrest bail as fair opportunity of probe needs to be given to the investigating officer.

Also Read:KEM Hospital Professor Accused of Sexual Harassment by 6 Doctors, Suspended