HC questions state over removal of prosecutor in Payal Tadvi case, seeks affidavit
A division bench of Justice Ravindra Ghuge and Justice MM Sathaye was hearing a petition filed by Abeda Tadvi, mother of the deceased doctor, challenging the state's March 7 notification removing Gharat from the high-profile case.
Dr Payal Tadvi, a 26-year-old postgraduate medical student who belonged to the oppressed Tadvi Bhil caste--an Adivasi Muslim community, died by suicide on May 22, 2019, allegedly due to caste-based harassment by three senior colleagues — Dr Hema Ahuja, Dr Bhakti Meher and Dr Ankita Khandelwal — at the Topiwala National Medical College and BYL Nair Hospital. The three were arrested under the SC/ST (Prevention of Atrocities) Act and the Maharashtra Prohibition of Ragging Act, but are currently out on bail. The trial has not yet commenced.
In November 2024, while serving as SPP, Gharat moved an application seeking to implead Dr Yi Ching Ling Chung Chiang — then head of the obstetrics and gynaecology department — as a co-accused, for allegedly failing to act on repeated complaints of harassment made by Payal and her family. The application, based on the report of the college's anti-ragging committee and an early complaint by the family, was allowed by a special court on February 28, 2025.
Just a week later, the state removed Gharat from the case, replacing him with advocate Mahesh Manohar Mule — a decision that was neither explained in the notification nor communicated with the victim's family, prompting Payal's mother to move the High Court.
During Thursday's hearing, the bench questioned the rationale behind the government's move. 'The complainant has confidence in this special public prosecutor. Why disturb the situation?' the court asked.
Responding on behalf of the state, additional public prosecutor Shreekant Gavand said Gharat had allegedly been acting independently without consulting the investigating officer or keeping them informed of court proceedings. 'He took the decision of impleading the new accused on his own,' Gavand said.
He cited Rule 4(3) of the SC/ST (Prevention of Atrocities) Rules, 1995, which permits the state to denotify a special public prosecutor if he fails to conduct the case with due care — provided reasons are recorded in the denotification order.
But the bench noted that no such reasons were mentioned in the official order removing Gharat. 'You have simpliciter withdrawn him. The law requires you to supply reasons. Now, reasons cannot be assigned after the decision is taken,' the court observed.
The state has now been asked to file an affidavit responding to the petition, explaining its decision to replace Gharat.
Hashtags
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
Time of India
2 hours ago
- Time of India
HC asks magistrates to follow SC guidelines in social media cases
Vijayawada: The AP high court on Saturday issued a circular, instructing all judicial magistrates to follow the guidelines laid down by the Supreme Court in the cases of Arnesh Kumar vs State of Bihar, and Imran Pratapgarhi vs State of Gujarat, in matters related to social media postings or comments. Tired of too many ads? go ad free now Stating that any deviation from these guidelines will be viewed very seriously, the HC warned that judicial magistrates, who violate the circular, would render themselves liable for contempt of the high court, in addition to facing a departmental inquiry. The registrar judicial of AP high court stated that it was brought to the HC's notice that most judicial magistrates were remanding the accused in cases pertaining to social media postings or comments without adhering to the principles laid down in the Arnesh Kumar case. The registrar judicial further mentioned that in the case of Imran Pratapgarhi, the Supreme Court held that the police, before registering an FIR involving speech, writing, or artistic expression (where the offences carry 3 to 7 years of imprisonment), must conduct a preliminary inquiry under section 173(3) of BNS. The inquiry must be preceded by approval from an officer of the rank of DSP and must be concluded within two weeks. Observing that the apex court issued the guidelines with the aim of preventing the misuse of criminal law to stifle free expression, the high court instructed all judicial magistrates to satisfy themselves before ordering remand, particularly in cases relating to social media postings, ensure that the investigating officer complied with the law laid down in the Arnesh Kumar and Imran Pratapgarhi cases. They must also ensure that the accused committed repeated and multiple offences and, if not remanded to judicial custody, may influence the witnesses or tamper with the evidence, and that the police require custodial investigation.
Time of India
2 hours ago
- Time of India
‘Ravished her instead of protecting her': Man gets 25 yrs in jail for raping motherless, 13-yr-old niece
Shimla: The Una special court under the Protection of Children from Sexual Offences (POCSO) Act has sentenced Kewal Krishan, 43, to 25 years of rigorous imprisonment and imposed a fine of Rs 50,000 for the repeated rape of his 13-year-old motherless niece in 2023. Additionally, the convict received one year of imprisonment and a fine of Rs 5,000 for threatening the survivor. "In the case in hand, the victim was the niece of the convict and was under the age of 16 at the time of the incident. Thus, the convict was supposed to protect her, but instead of protecting her, he ravished her. Hence, if leniency is shown to such an offender, it will give the wrong message to society," reads the judgment pronounced by special judge Naresh Kumar on July 3. However, the special judge mentioned that considering all facts and circumstances on record, it cannot be said that the present case fell in the category of the rarest of rare cases, and as such, the penalty of death is not called for. Acknowledging that the survivor endured significant trauma and pain, the special judge mentioned that the ends of justice would be met if a sum of Rs 5 lakh was recommended as compensation for relief and rehabilitation to the survivor. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 3/4/5 BHK Sea View Homes in Sewri by L&T Realty L&T_The Gateway Get Offer Undo This compensation is to be paid from the state victim compensation fund or another scheme established for the purpose under Section 357(A) of CrPC. In case no such fund or scheme is established, the compensation is to be provided by the state govt. The FIR was registered for the commission of offences punishable under sections 376 (rape) and 506 (criminal intimidation) of the Indian Penal Code, and Section 6 of the Pocso Act , 2012, on Nov 9, 2023, at women's police station in Una. The 13-year-old survivor, along with her aunt and grandmother, filed a complaint stating that she, her father, uncle Krishan, and younger sister lived in their house. Her father was addicted to alcohol, and her mother died five-six years prior. The survivor's father was often away from home in connection with work. The survivor submitted that for four months, when her father was not home, her uncle raped her and threatened her not to reveal the abuse.
Time of India
2 hours ago
- Time of India
Akola horror: 16-year-old NEET aspirant molested, bitten; auto driver arrested
1 2 Akola: A 16-year-old NEET aspirant was allegedly molested inside a moving auto-rickshaw in Akola. When she resisted, the driver reportedly bit her on the arm and thigh. Displaying remarkable courage and presence of mind, the minor girl leapt out of the vehicle to save herself and reported the incident at the Civil Lines police station. The disturbing incident has raised serious concerns about women's safety—especially for outstation students and minors—and the lack of monitoring mechanisms for public transport in Akola, which is rapidly emerging as a coaching hub in western Vidarbha. Acting swiftly, Civil Lines police arrested the accused, identified as Jafar Khan Subhedar Khan, and seized the auto-rickshaw (MH 30 E 9497). He has been booked under Section 8 of the Protection of Children from Sexual Offences Act (POCSO) Act and Sections 74, 118(1), and 137(2) of the Bharatiya Nyaya Sanhita (BNS). The accused was produced before the court on Saturday and remanded to magisterial custody, Civil Lines police station in-charge Malti Kayande said. The survivor, a resident of Paratwada in Amravati district, is preparing for the National Eligibility-cum-Entrance Test (NEET) in Akola. According to police, she had returned to the city on Friday evening after visiting her hometown. Upon reaching the bus stand, she hired an auto-rickshaw to travel to her hostel. by Taboola by Taboola Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like 5 Books Warren Buffett Wants You to Read In 2025 Blinkist: Warren Buffett's Reading List Undo However, the driver allegedly diverted the vehicle to a deserted area and molested her. The incident triggered massive outrage in the city, with several student groups, women's rights organisations, and activists demanding swift and strict action. They also called for fast-track court proceedings and the maximum possible punishment for the accused. No Lessons Learnt A similar incident had rocked Maharashtra on March 31, 2023, when a visually impaired woman was raped near the Akola bus stand. Despite widespread outrage, systemic reforms are yet to be fully implemented. The latest case serves as a grim reminder of the urgent need for action. If unaddressed, cities like Akola could become increasingly unsafe for women and students.
