Punish errant cops, babus for facilitating Bijlani's hospital stay: High court

The Bombay High Court on Friday directed the police department, the home department and the public health department to take action against their personnel for being negligent and failing to perform their duty which allowed Suresh Bijlani — the prime accused in murder of Navi Mumbai-based builder Sunil Loharia — to avoid judicial custody and stay in a civic hospital for over a month.

Bijlani had got himself admitted to Thane Civil Hospital on August 16 and stayed there for over a month when he was sent to judicial custody.

A division bench of Justice SC Dharmadhikari and Justice Gautam Patel directed the departments concerned to conduct an inquiry and take action within four months.

The HC also directed the Thane jail authorities — where he was sent to from the hospital on September 25 — to inform deputy commissioner of police Satyanarayan Chaudhary in case Bijlani complains of illness again.

“Doctors at the Thane prison will be in touch with the DCP and obtain directions from the competent court in case he has to be hospitalised,” the court said.

Restraining his admission to the Thane hospital, the judges said that Bijlani will have to be treated and admitted, if required, at Sir JJ Group of Hospitals henceforth.

“This extreme direction has been issued as this court received a report from JJ hospital that the ailment (for which Bijlani was admitted) was treatable on outpatient basis, and he can be brought to the hospital for check-up and treatment,” observed the judges.

The HC has also directed the principal district and sessions judge at Thane to transfer the case to another Judicial Magistrate First Class.

The affidavit submitted by Chaudhary on Friday stated that after initial inquiry, Reserve Police sub-inspector Rambhau Dadas, attached to Navi Mumbai headquarters, was found guilty of misconduct and suspended. Also, a police head constable and three constables from Thane who were on guard duty were found guilty of failing to perform their duty, and were suspended.

The issue of Bijlani avoiding judicial custody came to light after Sandeep, Loharia’s son, filed a petition challenging the August 14 order of the Thane Sessions Court which directed that Bijlani be taken to hospital for medical treatment.