Ashish Sharma v. State of NCT of Delhi & Ors.

1. This hearing has been done through hybrid mode.

2. On 24th July, 2024 the Court directed the Respondent-State to produce Mr. Menon and the Respondent No. 11 before Court today.

3. Accordingly, Mr. Jibin Menon has been produced today before Court along with his wife Shatabdi Pancholi @ Sweta Menon as also their son, who is 05 years of age. The Petitioner and Dr. Anchal Miglani, from Jagriti Rehabilitation Centre are also present.

4. The Court has interacted with Mr. Menon, Ms. Pancholi, Dr. Anchal 18:09 Miglani as also with Mr. Ashish Sharma - the Petitioner, who is stated to be a friend of Mr. Jibin Menon.

5. As per the statement given by the wife of Mr. Menon, it has emerged that Mr. Menon is known for substance abuse and used to have hallucinations. Further, he is stated to be suffering from bipolar disorder.

6. It is stated by Shatabdi Pancholi @ Sweta Menon that she works as a pre-school teacher and was married to Mr. Jibin on 5th September, 2015.

7. Parents of Mr. Menon, live in Hyderabad. Mr. M. Ravindranath, the father of Mr. Jibin Menon, has also joined the proceedings virtually. He is stated to be an ex-Air Force person. Mr. M. Ravindranath clarified that his son has a problem with substance abuse and has also created several problems for the family, while he was living with the parents in Hyderabad.

8. Mr. Menon, who is present in Court, has been able to answer most of the queries of the Court. According to him, he still earns a salary from Bank of America, which is credited to him on a monthly basis, but he no longer exercises any control over his phone and his bank accounts. The same are stated to be controlled by his wife, Ms. Pancholi.

9. Mr. Menon further submits that he used to live in Paras Dews, Gurgaon. However, Ms. Pancholi states that she has now vacated that place and all the belongings of Mr. Menon are kept in a godown. Ms. Pancholi has informed that she is currently living with her brother but would be shifting to her mother’s place shortly.

10. On a query from the Court with regard to the medical status of Mr. Menon, Dr. Aanchal Miglani submits that Mr. Menon was admitted to the rehabilitation centre as an involuntary admission in terms of Section 89 of the Mental Healthcare Act, 2017. Dr. Miglani further states that Mr. Menon is 18:09 suffering from bi-polar disorder, and is under medications. According to Dr. Miglani, Mr. Jibin had episodes of violence and displayed other threatening behaviour on his admission to the rehabilitation centre. However, Mr. Jibin’s condition has improved whilst being on medications.

11. The Petitioner, who is the friend of Mr. Menon, lives in Faridabad and he has his own business. On his behalf, it is submitted by the ld. Counsel that Mr. Menon was under the treatment of one, Dr. Abhishek Kapoor, who had merely suggested rehabilitation for 02 months along with medication. However, Mr Menon has been continuously in rehabilitation for the last 10 months, against his own wishes. It is also submitted that he has moved to at least 06 rehab centres in the last 10 months. No one from his family including his wife have visited 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 the Mental 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 18:09 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 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” 18:09 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.

15. The IHBAS team shall examine Mr. Jibin Menon by 3rd August, 2024 and shall place on record the report by 8th August, 2024.