Satula Devi v. Govt. of NCT of Delhi and Ors.

Delhi High Court · 08 Sep 2021 · 2021:DHC:2767

Prathiba M. Singh

W.P.(C) 1271/2020

2021:DHC:2767

civil other Significant

AI Summary

The Delhi High Court exercised its parens patriae jurisdiction to appoint an interim guardian to manage the medical treatment and substantial assets of a mentally incapacitated Member of Parliament, while regulating family visitation and preserving status quo pending final adjudication.

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W.P.(C) 1271/2020
HIGH COURT OF DELHI
Date of Decision: 8th September, 2021

W.P.(C) 1271/2020 & CM APPLs. 4396/2020, 7762/2020, 23213/2020, 21096/2021, 24330/2021, 24951/2021
SATULA DEVI ..... Petitioner
Through: Mr. Vikas Singh, Sr. Advocate with Mr. Varun Singh, Ms. Deepeika Kalia, Mr. Kapish Seth, Mr. Mrityunjay Singh, Ms. Alankriti Dwivedi and Ms. Samruddhi Bendbhar, Advocates.

VERSUS

GOVT. OF NCT OF DELHI AND ORS. ..... Respondents
Through: Mr. Anupam Srivastava, ASC for GNCTD with Mr. Vasuh Misra, Advocate.
Mr. K.K. Rai, Sr. Advocate with Mr. Anshul Rai, Mr. S.K. Pandey, Mr. Chandrashekhar AC, Mr. Awanish Kumar & Ms. Sreoshi Chatterjee, Advocates for R-3.
Mr. Mahesh Jethmalani, Sr. Advocate with Mr. Ravi Sharma, Ms. Gunjan Mangla, Ms. Madhulika Rai Sharma
& Mr. Anjani Kumar Rai, Advocates for R-4.
Dr. Abhishek Manu Singhvi, Sr Advocate with Mr. B. Shravanth
Shanker and Ms. Monalisa Kosaria, Advocates for R-5.
Mr. D. Abhinav Rao, Advocate for R6/Applicant - Mr. Umesh Sharma.

CORAM:

JUSTICE PRATHIBA M. SINGH Prathiba M. Singh, J.(Oral)

JUDGMENT

1. This hearing has been done through hybrid mode. 2021:DHC:2767

2. This matter has been mentioned today at 10.30.am, by the ld. Senior Counsels who have informed the Court that the DMP has been admitted to Apollo Hospital yesterday evening and his physical condition has deteriorated. When asked as to who the treating doctor of the DMP in Apollo Hospital is, the Court is informed that the DMP is under the care of Dr. Sandeep Guleria. The matter was then listed for 2.30 pm.

3. The Court thereafter interacted with Dr. Sandeep Guleria to enquire about the medical condition of the DMP. The court was informed that the DMP’s condition last night was quite serious. His oxygen levels were low and he is currently in ICU, but stable. His condition may improve by tomorrow was the doctor’s assessment. Medical condition of the DMP

4. The present petition is being heard by this Court since February 2021. Directions have been issued in the matter from time to time by the Court. The Court has also interacted with the DMP on 2nd June, 2021 through video-conferencing in the presence of the Court Commissioner - Ms. Pinki, Former District Judge.

5. As recorded in order dated 2nd June, 2021, the DMP was unable to respond to any of the questions put by the Court. The observations of the Court on the said date are set out below:

“3. Through the video conference link which was generated by the Court Master, the Court has attempted to interact with the DMP. However, the DMP is unable to respond to any of the questions which have been put by the Court. When asked as to with whom he is living, the response of the DMP was that he is living with Bhagwan and he is unable to answer any questions relating to his daily routine. On

being queried as to how many children he has, he initially said 6 and then 5. He is also unable to state as to whether his children are sons or daughters or name them. When asked as to who is his wife, he said that he has one wife and her name was initially stated to be `Pani’ and thereafter he said `Madam’.

4. Mrs. Uma Devi also joined the hearing online in the presence of the Court Commissioner. She was initially asked about the daily routine of the DMP. She is fully aware of the daily routine including the medicines being administered to him on a daily basis. She has informed the Court about the DMP’s daily routine. She states that the first time she noticed a change in the behaviour of the DMP was in May, 2018 when he was admitted in AIIMS. At that time, though he was broadly okay, he used to repeat his sentences. He is 81 plus and Dr. Kameshwar Prasad, Neurologist, AIIMS, was consulted at that time. Since then, there has been a change in behaviour. However, in December, 2020, he suffered an asthmatic attack and was again admitted in AIIMS. Subsequently, he was admitted to Apollo Hospital, developed pain on the right side and an angiography was conducted which revealed some blockages in the heart. Open-heart surgery was performed by Dr. Nanda. According to Mrs. Uma Devi, the DMP’s physical and mental condition improved substantially after the open-heart surgery and he started walking also. In July, 2020, however he contracted Covid and after his treatment of Covid, he seems to have lost a substantial part of his memory. In October, 2020 he again suffered an asthmatic attack. In February, 2021, his oxygen levels were dropping and he was accordingly admitted to Apollo hospital and after various tests were conducted, he was discharged. The medicines to be given to him were also confirmed by the doctors. Currently, he is comfortably staying at home.” The court had, on 2nd June 2021 also issued directions permitting Mrs. Satula Devi to visit the DMP in his residence and the LC was permitted to be present during the said visit and submit a report.

6. The Court Commissioner, appointed vide order dated 28th May, 2021, to ascertain the actual condition of the DMP, keeping in mind his age and the health reports, visited the DMP’s residence on 3rd June 2021 and thereafter from time to time, as directed by the court. The LC has submitted her reports.

7. A Medical Board was also constituted vide order dated 4th June, 2021, consisting of the following doctors from AIIMS, to evaluate the physical and mental condition of the DMP: “i. Dr. M.V.Padma, Professor & HOD, Neurology, Chief – Neuroscience Centre, AIIMS, New Delhi. Email: vasanthapadma123@gmail.com (981081916[7]); ii. Dr. Achal Srivastava, Professor Department of Neurology, AIIMS, New Delhi. Email: achalsrivastava@hotmail.com (9811178784) iii. Dr. Nitish Naik, Professor, Department of Cardiology, AIIMS, New Delhi. Email: nitishnaik@yahoo.co.in (9810416170)” The relevant portion of the order reads: “11. In so far as the medical review/evaluation of the DMP is concerned, it is noted that the DMP is currently staying at his residence No. 4, Safdarjung Lane, New Delhi, with Ms. Uma Devi and Ms. Kanchana Rai along with the staff. A complete list of the medicines which are being currently administered to the DMP have been submitted to the Court which the Court is yet to peruse. The last independent medical evaluation of the DMP by a medical board was in 2019, as directed by the Ld. Division Bench in was in the Habeas Corpus petition being W.P. (Crl.) No. 2255/2019. It has been approximately two years since the said medical evaluation was conducted. Thereafter, as was recorded on the last date, the DMP has undergone an open heart surgery and has also suffered from Covid-19. The Court also has attempted to interact with him virtually, but he has hardly been coherent during the said interaction. Thus, this Court is of the opinion that an independent medical assessment is required to which Dr. Singhvi submits that the DMP is willing for a voluntary medical assessment/review by a medical board.

12. Accordingly, a Medical Board is constituted with the following members: i. Dr. M.V.Padma, Professor & HOD, Neurology, Chief – Neuroscience Centre, AIIMS, New Delhi. Email: vasanthapadma123@gmail.com (981081916[7]); ii. Dr. Achal Srivastava, Professor Department of Neurology, AIIMS, New Delhi. Email: achalsrivastava@hotmail.com (9811178784) iii. Dr. Nitish Naik, Professor, Department of Cardiology, AIIMS, New Delhi. Email: nitishnaik@yahoo.co.in (9810416170) The mandate of the Board, would be to conduct an overall assessment/review of the physical and the mental condition of the DMP. The Board would also make an assessment of all the medicines that are being currently administered to the DMP. The Board, may also request for all the past medical records of the DMP, which it may deem appropriate. Ms. Uma Devi and Ms. Kanchana Rai shall cooperate with the Board for enabling the evaluation and assessment. The board shall file a comprehensive report including their recommendations, by 5th July 2021. The report may be emailed to the Court Master at courtmaster@pmsingh.in.”

8. Owing to the financial status and the standing of the DMP as also the fact that Ms. Satula Devi was living away from the DMP, this Court had directed payment for a sum of Rs.25,00,000/- per month from the DMP’s account to Ms. Satula Devi. The Court, thereafter, interacted with the Medical Board through the virtual platform on 23rd July, 2021. The members of the Board explained the mental and physical condition of the DMP as under:

“3. The medical board consisting of Dr. M.V. Padma Professor and HOD Neurology & Chief Neurosciences Centre, Dr. Achal Srivastava Professor of Neurology and Dr. Nitish Naik Professor of Cardiology have joined the video conferencing proceedings today through a separate link. The Court has interacted with the doctors. 4. Dr. M.V. Padma explained the nature of fronto- temporal dementia to the Court and as per her, this condition is worse than a condition of Alzheimer's and would become worse over time. She stated that in 2019 when the DMP was admitted in the AIIMS, as per the history recorded therein, the changes were noticed in DMP’s behavior since 2017 i.e., two years before he was admitted to AIIMS. He presently requires assistance in most activities including visiting the bathroom, etc. At that time, when the DMP was admitted in AIIMS, the MRI of the brain and the PET-SCAN of the brain was also conducted. According to her, the DMP is incapable of taking any major decisions and this was the position even in 2019. According to her, the same was recorded in the discharge summary when the DMP was discharged from AIIMS. 5. Dr. Achal Srivastava who is a Professor of Neurology at AIIMS, informed the Court that he had examined the DMP even in 2019. At that time, in 2019 the DMP was capable of taking smaller decisions such as visiting bathroom etc, however, according to him even then, the DMP was incapable

of taking any major decisions. He also states that in comparison with the condition of the DMP in 2019, the DMP’s condition has further deteriorated and he requires support for even all the basic activities much more than what it was in 2019.

6. Dr. Nitin Naik who is Professor of cardiology has stated that the DMP had a history of chest pain and in March, 2020 he had undergone angiography. He is currently being given medical treatment in respect of his heart problem which is satisfactory.” This Court has been hearing the present matter finally since February, 2021 and on various occasions submissions have been made in respect of the medical condition of the DMP. The concern expressed at that stage by the ld. Senior Counsels for the parties was not to release the medical reports of the DMP as the same may have an impact on the DMP’s stature and standing as a Member of Parliament. On 12th August, 2021, certain applications were filed, which were considered by the Court. Copies of the medical reports have also been released to all the parties concerned. Proceedings in this petition:

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9. The Sr. Counsels for the Petitioners and the supporting Respondents – i.e., Mr. Vikas Singh, Mr. K.K. Rai and Mr. Mahesh Jethmalani, have concluded their opening submissions. On behalf of the Respondents and the intervenor senior counsels – Mr. Gopal Subramaniam and Mr. Sandeep Sethi, have already made detailed submissions. On behalf of Respondent No.5, submissions commenced on 9th August, 2021 and are yet to conclude, owing to various reasons. Since February 2021, submissions by ld. Sr. Counsels are continuing and yet to conclude.

10. The Court has been informed that the orders passed by this Court have been challenged by way of five appeals and the same are pending. Recently the court was informed that an SLP has been filed in this matter being SLP

(Civil) Diary No(s). 18022/2021 titled Uma Devi v. Satula Devi & Ors., which has been dismissed by the Supreme Court vide order dated 1st September, 2021. The order reads as under: “Heard ld. senior counsel/learned counsel for the parties at great length. We are not inclined to interfere with the impugned order(s). The Special Leave Petitions are, accordingly, dismissed. Pending applications also stand disposed of.”

11. The matter was listed for arguments yesterday i.e., 7th September 2021, however, an adjournment was sought on behalf of Dr. A.M. Singhvi, ld. Senior Counsel for Respondent No.5. Accordingly, the case was adjourned for hearing on 10th September, 2021. In the meantime, the DMP has been hospitalized, which has been brought to the notice of this Court only this morning. Moveable and immoveable assets of the DMP

12. The DMP is the owner of substantial assets, both movable and immovable. There are various bank accounts which have balances running into crores of rupees. Currently, Respondent No.5 - Ms. Uma Devi is stated to be the joint account holder in the bank accounts since November 2019.

13. The issue of the management of the DMP’s assets was considered by this Court on 4th June, 2021. Considering the submissions made on behalf of Ms. Uma Devi and Ms. Kanchana Rai, status quo was directed in respect of all movable and immovable assets. The relevant paragraphs of the order are set out herein below:

“6. There are two accounts of the DMP, having substantial amounts, in which Ms. Uma Devi is stated to be a joint account holder and a co-signatory. On a query from the Court as to since when Mrs. Uma Devi is a joint account holder Mr. Abhinav Rao, ld. counsel has fairly submitted to the Court that she has been a joint account holder since November 2019. The Court notes that by November 2019, the DMP had already been detected with `fronto- temporal dementia’, in writ proceedings before the Ld. Division Bench of this Court being W.P.(CRL) 2255/2019 R.S. v. State & Ors as noted in the judgment dated 20th September, 2019. 7. In this background, since the DMP’s assets (movable and immovable) are substantial and run into thousands of crores, without listing out the same, it is deemed appropriate to accept the voluntary statement made by Ms. Kanchana Rai and Ms. Uma Devi in reply to the application being CM 4396/2020 where it is stated as under: “That, in view of the fact that the answering Respondent and the Respondent No.5 have voluntarily offered to maintain status-quo till the disposal of the present writ petition, the present Application seeking maintaining of status-quo of DMPs property has become infructuous.” Thus, it is directed that status quo shall be maintained in respect of all moveable and immoveable assets of the DMP by both Mrs. Uma Devi and Ms. Kanchana Rai/her family. … 17. In so far as the DMP’s bank accounts are concerned, the current position is that he is suffering

from dementia and is unable to operate his own bank accounts. From the submissions made, it appears that Ms. Uma Devi and the Secretary of the DMP are operating his accounts or spending therefrom. Accordingly, the status quo, as volunteered above, shall apply to all the bank accounts of the DMP. If any amounts are withdrawn, spent or transferred from the accounts of the DMP for living needs and other expenses, a statement of such amounts and expenses incurred every month along with the bank statements of the bank accounts of the DMP shall be filed, for the perusal of the Court in a sealed cover. “

14. In terms of the above order, some bank statements have been placed on record by Respondent No.5 - Ms. Uma Devi in respect of some of the accounts in the following banks: i. State Bank of India, Vasant Vihar branch, ii. State Bank of India, Juhu, Vile Parle Scheme Branch, Mumbai iii. Syndicate Bank Some details of fixed deposits, term deposits, immovable properties and shareholdings of the DMP have also been placed in a sealed cover. The bank statements for the period 1st July 2021 to 30th July 2021 reveal that there are substantial amounts lying in the said accounts and there is continuous in-flow of amounts to the DMP. This court is not aware of the details of the parties making the deposits or the withdrawals.

15. Apart from the amounts lying in the bank accounts and in deposits which are more than Rs. 3000 crores, the DMP is the owner of various immoveable properties which have been leased to the companies in which the DMP is a substantial shareholder viz., i. Aristo Pharmaceuticals Pvt Ltd ii. Mapra Laboratories Pvt Ltd

16. The DMP also has substantial shareholding in the following companies:i. Aristo Pharmaceuticals Pvt Ltd ii. Mapra Laboratories Pvt Ltd iii. Aristo Laboratories Pvt ltd iv. Nobel Enkem Pvt Ltd The complete details of the bank accounts, exact amounts, details of number of shares are all not being set out in this order so as not to prejudice the parties and the assets of the DMP in any manner. The above facts however leave no doubt that the assets of the DMP are substantial in nature and run into thousands of crores. Urgent directions owing to the DMP’s medical condition:

17. Since the passing of the order dated 20th September 2019, when the diagnosis of the DMP’s condition as being Fronto-temporal Dementia was made under orders of the ld. Division Bench in W.P.(Crl.) 2255/2019 titled R.S. v. State & Ors., the condition of the DMP has considerably deteriorated. It is clear to the Court that the DMP is not able to take any decision in respect of either his medical treatment or in respect of his movable and immovable assets. The physical and mental condition of the DMP has been evaluated by the Court on the basis of the following factors:-

1) Diagnosis of Fronto-temporal Dementia since 2019 and some memory loss since 2018 as per the statement of Ms. Uma Devi as recorded in order dated 2nd June 2021;

2) Heart ailments prior thereto and even thereafter;

3) Other age related ailments;

4) Evaluation by the three-member Medical Board appointed by this Court vide order dated 4th June, 2021; 5) Interactions with the DMP through video-conferencing;

6) Reports of the Court Commissioner from time to time about the physical condition of the DMP and his everyday movements at the residence, including the support which he is currently being given by nursing assistants;

7) Hospitalisation of the DMP from time to time.

18. On the basis of all the above factors, this Court is convinced that the DMP is no longer in the physical or mental condition to take decisions either in respect of his own medical treatment or in respect of his movable and immovable assets.

19. Mrs. Satula Devi, the two sons Mr. Ranjeet Sharma and Mr. Rajeev Sharma along with their families constitute one faction. Ms. Uma Devi, Ms. Kanchana Rai – a daughter-in-law and her family constitute the other faction. The DMP is residing with the second faction at his official residence in New Delhi. Allegations are being levelled in this matter by members of both factions against each other. The hearings in this case have shown that there is no possibility of an amicable resolution at all at this stage.

20. The legal issues which have been raised by all the parties, including interpretation of the provisions of the Mental Healthcare Act 2017, the jurisdiction of this Court etc., are under consideration by this Court. Since the arguments are yet to be concluded, the Court has not yet adjudicated upon the said issues. Accordingly, irrespective of the fact that the legal issues raised are yet to be adjudicated upon, being conscious of the physical and mental condition of the DMP and his hospitalisation yesterday, this Court deems it fit to pass certain urgent directions, in exercise of its extraordinary parens patriae jurisdiction. The Supreme court in Shafin Jahan v. Asokan K.M. & Ors. [Criminal Appeal No. 366/2018, decided on 9th April, 2018] observed in respect of parens patriae jurisdiction as under:

“45. Thus, the Constitutional Courts may also act as Parens Patriae so as to meet the ends of justice. But the said exercise of power is not without limitation. The courts cannot in every and any case invoke the Parens Patriae doctrine. The said doctrine has to be invoked only in exceptional cases where the parties before it are either mentally incompetent or have not come of age and it is proved to the satisfaction of the court that the said parties have either no parent/legal guardian or have an abusive or negligent parent/legal guardian.”

The above judgement clearly lays down that the parens patriae jurisdiction can be exercised by the writ court, to meet the ends of justice. IN the opinion of this court, the present case is an exceptional one where directions are called for owing to the factors discussed above.

21. On a query being put to Dr. Singhvi, ld. Senior Counsel who is appearing for Respondent No.5, it is submitted that insofar as the medical treatment and other decisions relating to the well-being of the DMP are concerned, Ms. Uma Devi, along with Mr. Umesh Sharma – the DMP’s brother and Ms. Kanchana Rai, have been taking the decisions for the last few years. Insofar as the maintenance of the bank accounts and day to day transactions and other movable and immovable assets are concerned, one Mr. Narayanan, who is the Personal Secretary of the DMP, is stated to be carrying out the transactions under the instructions of Ms. Uma Devi.

22. Mr. Vikas Singh and Mr. K.K. Rai ld Sr. Counsels emphasise on the need for permitting the Petitioner, the sons of DMP and their family members including the grand children to visit the DMP in the hospital. Dr. Singhvi submits that initially the LC may be directed to visit and submit a report and the Petitioner as also the sons etc., may be permitted to visit strictly as per the hospital’s visitation protocols.

23. Mr. Mahesh Jethmalani, ld. Sr. Advocate submits that Ms. Uma Devi had submitted to the Court on 2nd June 2021 that the DMP had allegedly executed a Will. He prays that the said alleged Will be called for by the Court and preserved.

24. In view of the prevalent situation and keeping in mind the physical and mental condition of the DMP, the following directions are issued: i) Justice (Retd.) Rajiv Sahai Endlaw (M: 9717495002) is appointed as the interim guardian who shall henceforth administer the movable/immovable assets of the DMP, including all the bank accounts (individual or joint), renewal of term deposits, property leases, filing of returns, compliance of statutory formalities etc., All decisions for securing and preservation of the moveable and immoveable assets shall be taken by the interim guardian. Reports shall be filed initially on a monthly basis before this Court in respect of all actions taken; ii) The interim guardian shall henceforth, inter alia: a) authorise and release funds for all the expenses which are to be incurred for the medical treatment of the DMP, maintenance of his residence and expenses of persons living with the DMP, expenses for the staff, etc.; b) take any and all steps to preserve all movable and immovable assets of the DMP, including amounts lying in bank accounts, fixed deposits, term deposits, shares, debentures, bonds, PPF account, pension etc.; c) take all steps to secure the revenues of the DMP in the form of lease or rental amounts, dividends from the various companies etc., d) make payments to Ms. Satula Devi in compliance with order dated 4th June, 2021. iii) The interim guardian shall be paid an honorarium of Rs.[3] lakhs per month exclusive of secretarial, travelling and other expenses which shall be borne from the DMP’s accounts. iv) The interim guardian may appoint a Manager to assist him in carrying out his functions and also fix a reasonable remuneration of the said Manager.

(v) Insofar as the medical treatment of the DMP is concerned, Ms.

Uma Devi, Mr. Umesh Sharma and Ms. Kanchana Rai shall be entitled to take joint decisions for the welfare of the DMP. The interim guardian Justice Endlaw (Retd) shall however be informed of his medical condition on a daily basis during the DMP’s hospitalisation and thereafter on a regular basis. Ms. Satula Devi and the two sons of the DMP shall also be similarly updated as to the medical status of the DMP. vi) Insofar as the request of the DMP’s family i.e., Mrs. Satula Devi, the two sons and their families, to visit the Apollo Hospital to meet the DMP and be updated about the health condition of the DMP is concerned, they shall be permitted to visit the DMP at the hospital only two persons at a time. Visits shall be strictly in terms of the protocol of the Apollo Hospital, depending upon the physical condition of the DMP. The family is also free to contact Dr. Sandeep Guleria to enquire about the medical condition of the DMP;

(vii) Mr. Narayanan, Personal Secretary of the DMP who is currently stated to be maintaining all the records relating to the assets of the DMP as also all the financial documents, bank statements, deposits etc., shall meet the interim guardian on 10th September 2021, at 11.30 am and extend all cooperation.

(viii) The sealed covers, which have been filed before this Court which contain the details of the bank accounts, fixed and term deposits, details of immoveable property, details of shareholding etc., along with the bank statements, etc. shall be transmitted by the Registry/Court Master to the ld. interim guardian.

(ix) All parties shall render complete cooperation to the interim guardian in discharge of his functions.

25. The above directions shall be subject to the final decision in this matter.

26. List on 10th September, 2021, i.e., the date already fixed, for conclusion of submissions of Dr. Singhvi at 2.30pm. On the said date, a copy of the alleged Will shall be kept available for perusal of the court by ld. Counsels for Respondent no.5, and for further directions.

27. This order shall be communicated to Justice (Retd) Rajiv Sahai Endlaw – interim guardian. Copy of the order be also sent by ld. Counsels for the parties to the various companies, banks and financial institutions where the DMP’s accounts are maintained, for compliance.

PRATHIBA M. SINGH JUDGE SEPTEMBER 8, 2021 Rahul/dk/t

Satula Devi v. Govt. of NCT of Delhi and Ors.

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