The Supreme Court has said that an elected representative bears a heightened responsibility to uphold the authority of law and to conduct himself in a manner that reinforces public confidence in institutions.
Instances of such conduct have been reported from different parts of the country,” it said, while pointing out that another incident was reported from Palghar in Maharashtra involving Shiv Sena leaders after the Mhatre case. The top court also frowned upon increasing attacks on doctors and other functionaries in the country by those occupying elected offices. “We may note that the present incident cannot be viewed in isolation from the larger concern which arises when persons occupying elected office resort to force, intimidation or other extra-legal means in dealing with citizens or public functionaries. “He/She cannot supplant those institutions by assuming the role of the police, the administrator or the court.
The top court, which directed the Shiv Sena corporator and others to surrender by October 5, emphasised, “No person, however high the office held, can claim supremacy over the discipline of law.
The top court said, while each such incident must necessarily be examined on its own facts and in accordance with law, the recurrence of allegations involving elected representatives assuming, or seeking to assume, authority beyond that conferred by law is a matter which cannot be viewed with indifference. The use of personal influence to secure compliance through fear or intimidation has consequences extending beyond the immediate victim and carries the potential to erode public confidence in the rule of law itself,” it said.
A bench of Justices Vikram Nath and Sandeep Mehta, in its detailed September 28 order on cancellation of bail of Shiv Sena corporator Ramesh Mhatre and three others who are accused of assaulting and verbally abusing doctors at a municipal hospital in Thane district, said incidents such as the instant one inflicted deleterious effects on peace and tranquillity of the society at large and also disrupted public order.
