Gaurav Kumar Bansal v. Union of India & Ors.

Delhi High Court · 12 Oct 2020 · 2020:DHC:2994-DB
D. N. Patel; Prateek Jalan
W.P.(C) 7795/2020
2020:DHC:2994-DB
administrative other

AI Summary

The Delhi High Court directed authorities to expeditiously issue mandatory notifications and regulations under the Mental Healthcare Act, 2017, treating the writ petition as a representation and disposing it accordingly.

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W.P.(C) 7795/2020
HIGH COURT OF DELHI
Date of Decision: 12th October, 2020
W.P.(C) 7795/2020
GAURAV KUMAR BANSAL ..... Petitioner
Through: Petitioner in person.
VERSUS
UNION OF INDIA & ORS. ..... Respondents
Through: Mr.Vikas Mahajan, CGSC with Mr.Jatin Puniyani, Adv. for UOI.
Mr.Anjum Javed, ASC for GNCTD.
Mr.Tushar Sannu, Advocate with Ms.Ankita Bhadouriya, Advocate for Respondent No. 4/State
Mental Health Authority.
CORAM:
HON'BLE THE CHIEF JUSTICE
HON'BLE MR. JUSTICE PRATEEK JALAN
JUDGMENT
: D. N. Patel, Chief Justice (Oral)
Proceedings in the matter have been conducted through video conferencing.

1. This public interest litigation has been preferred with the following prayers:-

“A. Issue Writ / Order / Direction in the nature of Mandamus against Respondents and in particular Respondent No. 02 and Respondent No. 04 to issue notification specifying the MINIMUM STANDARDS for different categories of MENTAL HEALTH ESTABLISHMENTS as provided under Section 65(6) of the Mental Healthcare Act, 2017.
B. Issue a Writ/Order/Direction in the nature of mandamus against respondents and in particular Respondent No.1 to issue REGULATIONS with respect to manner of making 2020:DHC:2994-DB W.P.(C) 7795/2020 ADVANCE DIRECTIVES as provided under Section 06 of the Mental Healthcare Act, 2017.
C. Pass any other Order or Direction which this Hon'ble

2. Having heard the petitioner and learned counsel for the respondents, it appears that the grievances ventilated in this petition pertain to the provisions of Section 65(6) of the Mental Healthcare Act, 2017 (hereinafter, “the Act, 2017”). The petitioner is mainly seeking issuance of "Minimum Standards for Different Categories of Mental Health Establishment" as provided under Section 65(6) of the Act, 2017.

3. Learned Counsel appearing for the respondents submitted that the respondents have already prepared a draft in this regard which is at the final stage of approval, and the same will be published immediately once finalized.

4. In view of these facts, and keeping in mind the provisions of Section 65(6) of the Act, 2017, at this stage, we hereby direct the respondents to treat this writ petition as a representation and take necessary action in accordance with law, rules, regulations and Government policies applicable to the facts of the case as expeditiously as possible and practical.

5. With these observations, the writ petition is disposed of.

CHIEF JUSTICE OCTOBER 12, 2020/‘anb’ PRATEEK JALAN, J