HC stops short of action after govt withdraws panel set up “in violation” of its order for enquiry into Satara MTP case

Kolhapur: The Bombay high court's Kolhapur bench on Wednesday stopped short of taking action after the state withdrew its decision to form a committee "in violation" of the court's March 18 order directing the principal secretary (public health) to enquire into a newborn baby girl allegedly starved until death for DNA sampling at the Satara civil hospital.This was after a medical termination of pregnancy (MTP) procedure was performed on a 24-week pregnant rape survivor as per the the court's order allowing the same.The survivor approached the high court alleging that the newborn was starved until death despite pleas to the hospital authorities from the girl, her mother and a child welfare officer.The HC had then ordered an inquiry by the principal secretary. The govt tried to justify formation of the committee on the grounds that the principal secretary (public health) was not available till April 24.The bench of justices Madhav J Jamdar and Pravin S Patil observed: "We are of the view that the conduct of the Govt of Maharashtra in forming a committee to inquire into the incident as set out in this court's order dated March 18, 2026 is, in fact, in violation of the said order.""If it is the contention of the Govt of Maharashtra that principal secretary of the public health department is not available, then the govt should have immediately approached this court pointing out the said fact, and by no stretch of imagination, could the govt have taken a decision in violation of the order dated March 18, 2026 passed by this court," the bench said.The HC further noted, "Although, prima facie we are of the opinion that the order dated March 18, 2026, has been violated by issuance of the Govt Resolution (GR) dated March 24, 2026, as the learned GP has tendered another GR dated March 25, 2026, by which the GR dated March 24, 2026, has been withdrawn, no further action is required to be taken in that regard."The bench went on to direct E Ravendiran, secretary of the public health department, "to immediately carry out a thorough inquiry into the incident mentioned in the order dated March 18, 2026 and report to this court on or before April 2, 2026" when the matter is posted for next hearing.The court also directed Ravendiran to conduct a detailed inquiry with respect to the contentions raised in an additional affidavit filed by the survivor's mother.The court directed the superintendent of police concerned to provide police protection to the survivor and her family members as pressure was being brought upon her. It noted that the protection was not given despite earlier directions to the SP.The court said that Ravendiran should take into consideration the material produced by the petitioner (survivor) and her family members and shall also examine footage of seven CCTV cameras seized from the hospital."As the victim has been traumatised by the incident, treatment and counselling shall be provided to her by the State Government through a reputed psychiatrist, at the expense of the State Government," the court said.The survivor was raped in Chadchan town of Vijaypur district of Karnataka and was admitted in Satara civil hospital for MTP. The hospital authorities asked her to approach the HC for MTP which she did and got the permission as per the order March 7. The MTP was carried out on March 16.