Full Text
HIGH COURT OF DELHI
Date of Decision: 12th August, 2024
ASHISH SHARMA .....Petitioner
Through: Ms. Kajal and Ms. Shivangi, Advocates (M- 7291875995) alongwith petitioner in person and Mr. Jibin Menon in person.
Through: Mr. Sanjay Lao, Standing Counsel (criminal) for the State
Arya, Advocates.
Insp. Sanjay N. and SI Himanshu, SHO Maidan Garhi.
Mr. Tushar Sannu, Standing Counsel for IHBAS
Professor IHBAS).
Mr. Lakhmi Chand, Mr. Mayank, Mr. Mukul Koli, Mr. Jalaj Agarwal, Ms. Yogita, Mr. Balwant Singh and Mr. Dhruv Rawat, Advocates for R-8 to 10
(M- 9350538109).
Prathiba M. Singh, J. (ORAL)
JUDGMENT
1. This hearing has been done through hybrid mode.
2. The present is a Habeas Corpus petition filed by the Petitioner, under 19:22 Article 226 of the Constitution of India read with Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) seeking production of his friend – Mr. Jibin Menon. According to the Petitioner, Mr. Menon is a well-qualified professional person, who was admitted in a de-addiction centre forcibly by Respondent No.11- his wife, where no person was allowed to meet him or be in touch with him.
3. It is the case of the Petitioner that Mr. Menon was earlier in a different branch of the de-addiction centre namely Head Office of Sabrr Nasha Mukti Kendra in Nangloi, B Village, Ranhola, New Delhi from October, 2023 till December, 2023. Thereafter, Mr. Menon was shifted to the new branch of the said de-addiction centre in Varun Farms, Gaushala Road, Chattarpur Delhi from January, 2024 till July, 2024, where the Petitioner was also an inmate till May, 2024. It is averred that Mr. Menon was held in the said de-addiction centre contrary to his own personal choice, therefore the present petition.
4. The counsel for the State had on 24th July 2024 gathered some initial facts and then submitted that the de-addiction centre-SABRR Foundation had admitted Mr. Menon on 30th October, 2023 in Varun Farms under the jurisdiction of PS Maidan Garhi as he had a history of drug addiction. He was then discharged on 15th July, 2024 and Respondent No. 11-the wife had accompanied him and sought his discharge from the de-addiction centre.
5. The Court after hearing the matter on 24th July, 2024, had recorded that the de-addiction centre-SABRR Foundation would produce the documents or any photographs relating to the detained person and the videography covering his discharge from the Centre. The SABRR Foundation was also directed to place on record any recognition/approvals which they may have got from the concerned authorities for running the said Centre. The detainee was also 19:22 directed to be produced before this Court.
6. On the next date of hearing, i.e., 29th July, 2024, the parents of Mr. Menon had joined the proceedings virtually. The wife along with their 5 year old child had also appeared before this Court and the Court had interacted with them. Various allegations were made by the wife of Mr. Menon that Mr. Menon is known for substance abuse and has episodes of violence. The parents of Mr. Menon had also confirmed that he was indulging in substance abuse earlier. However, after interacting with Mr. Menon, the Court was of the opinion that he deserves to be examined by a board constituted by Institute of Human Behaviour & Allied Sciences (hereinafter, ‘IHBAS’). The relevant directions passed on the said date are set out below:-
19:22 him at the rehab centre. He is not cared for at all by anyone.
12. Mr. Menon has clearly communicated to the Court that he does not wish to go back to the rehabilitation centre. Further, he assures the Court that he will continue to take the medications which are currently prescribed to him.
13. On a perusal of theMental Healthcare Act, 2017, it is noted that usually consent of an individual is required to admit him to a rehabilitation centre. Sometimes, involuntary admission may be permissible. In the present case, Mr. Menon’s wife has admitted Mr. Menon to the rehabilitation centre as an involuntary admission.
14. This Court is of the opinion that an independent assessment of the mental health of Mr. Menon is required. Further the Court is informed that there are a few loans which are being serviced from his account and he needs to take charge of his own affairs, instead of depending on his wife. Keeping in mind the present facts and circumstances, at this stage, the following directions are issued:i) Mr. Jibin Menon shall be examined by a team of at least three doctors at the Institute of Human Behaviour & Allied Sciences (hereinafter, ‘IHBAS’) who upon seeing all the medical records and his present medical (physical + mental) condition, shall inform the Court as to whether the present treatment which is being given to him is sufficient or any changes need to be made in the medication or living conditions. ii) The IHBAS team shall also inform the Court as to whether he is required to be admitted to any rehabilitation centre. Further, the IHBAS team shall also medically ascertain whether Mr. Menon can live independently on his own. iii) Insofar as the bank accounts and other belongings of Mr.Menon are concerned, i.e. his mobile phone, laptop and other belongings, the same shall be handed over by Mrs. Shatabdi Pancholi @ Mrs. Shweta Menon 19:22 to the ld. Counsel for the Petitioner Ms. Kajal who shall then hand over the same to Mr. Jibin Menon. If any passwords for netbanking etc., are in the Ms. Pancholi’s control, the same shall also be given to Mr. Menon. iv) The Petitioner-Mr. Ashish Sharma has expressed his willingness for Mr. Jibin Menon to live with him for the period while Mr. Menon is examined by the IHBAS. Accordingly, Mr. Jibin Menon is permitted to stay with his friend Mr. Ashish Sharma, the Petitioner at the following address:- “Ground Floor, B-508, Green Fields Colony, Faridabad, Haryana” v) The Petitioner-Mr. Ashish Sharma to try and ensure that Mr. Jibin Menon does not in any manner visit Mrs. Shatabdi Pancholi @ Mrs. Shweta Menon or their child or level any threats or misbehave with them in any manner. vi) The location of the belongings of Mr. Jibin Menon shall also be communicated by Mrs. Shatabdi Pancholi @ Mrs. Shweta Menon to the ld. Counsel for the Petitioner and if any key to the godown is to be given, the same shall be given to Mr. Jibin Menon through his Counsel. If Ms. Pancholi wishes to retain any household items for her own use or for the child’s use, she may retain the same. Mr. Menon also has no objection to the same.”
7. As per the above order, Mr. Menon was permitted to stay with his friend i.e., the Petitioner and directions were given to IHBAS to constitute a medical board. Further the Court also directed that Mr. Menon can take his belongings like his mobile phone, laptop, and passwords for net banking etc., from the control of Respondent No.11.
8. Mr. Tushar Sannu, ld. Standing Counsel for IHBAS has appeared today and has stated that a medical board of IHBAS has examined Mr. Menon. A 19:22 report dated 11th August, 2024 has been handed over to the Court today and the same is taken on record. As per the above stated record it is confirmed that he is diagnosed with Bipolar Affective Disorder, and is currently in remission. The medications taken by Mr. Menon are stated to be adequate but the same needs to be optimized from the nearest available Mental Health Establishment (hereinafter ‘MHE’) depending on his clinical condition. The overall recommendation of IHBAS is that he requires outpatient management and does not require inpatient hospitalization in a rehabilitation centre. As per the report, Mr. Menon is capable of living on his own independently but may need some supervision in terms of the medications which he takes and adequate social support. The report has been submitted under the signatures of the Vice-Chairman and other members of the Medical Board who are as under: • Dr. Deepak Kumar, Professor of Psychiatry, Vice-Chairman of Medical Board, • Dr. Aparna Goyal, Associate Professor of Psychiatry, Member • Dr. Pravin Yannawar, Assistant Professor of Psychiatric Social Work, Member • Dr. U.K. Sinha, Additional Professor of Clinical Psychology, Member • Dr. Om Prakash, Professor of Psychiatry, Member.
9. Copy of the report be also supplied to the Counsel for the Petitioner.
10. Mr. Menon is present and submitted that he intends to move back to Hyderabad and stay with his childhood friend Dr. Venkat Reddy. The Court is convinced that Mr. Menon would be able to take care of himself in view of the medical report given today but with adequate social support. The Court also notices that Mr. Menon has also been comfortably living with his friend, Mr. Ashish Sharma in Faridabad. 19:22
11. It is, however, alleged by the Counsel for the Petitioner, under instructions from the Petitioner and Mr. Menon, that the SABRR Foundation has several inpatient individuals who are being detained and kept in the deaddiction centre on an involuntary basis. This is disputed by the counsel appearing for SABRR Foundation. In fact, according to him, even Mr. Menon was admitted voluntarily but this position is disputed by the Petitioner as well as by Mr. Menon who state that the signatures of the inpatients are obtained forcibly at the time of admission that it is a voluntary admission, even though the same may be involuntary. One peculiarity noticed by the Court is that at both the centres run by SABRR foundation, the admission of Mr. Menon is shown as 30th October, 2023 which is inexplicable.
12. A certificate of provisional registration as a Mental Health Establishment (MHE) which has been given to SABRR Foundation with its address at Nangloi, New Delhi has been issued by State Mental Health Authority (hereinafter referred to as ‘SMHA’), Govt. of NCT of Delhi, the secretariat of which is located at the IHBAS.
13. Considering the allegation made today, the SMHA along with IHBAS, Delhi Police and Health Department of Govt. of NCT of Delhi shall look into the allegations made, and conduct periodic random checks to ensure that the inpatients in the SABRR Foundation are not being detained forcibly. The Admission Register shall also be randomly checked in terms of the Mental Healthcare Act, 2017, especially under Section 89 titled “Admission and treatment of persons with mental illness, with high support needs, in mental health establishment, up to thirty days (supported admission)”, which requires the consent of the patient being admitted. These random checks shall be completed to ensure that none of the inpatients are staying in the de- 19:22 addiction centre contrary to their will. Upon conducting inspection/verification steps in accordance with law shall be taken.
14. With the aforesaid directions the present petition is disposed of. Copy of this order be communicated to the relevant officials including the Secretary, Department of Health, GNCTD and to IHBAS by Mr. Tushar Sannu, ld. Counsel.
15. Pending application(s), if any, also stand disposed of.
PRATHIBA M. SINGH, J. AMIT SHARMA, J. AUGUST 12, 2024/sn/pr/ks 19:22