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Judgment
Prathiba M. Singh, J. (Oral)
This hearing has been done through hybrid mode.
The present petition has been filed under Article 226 of the Constitution of India read with Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 seeking issuance of writ in the nature of Habeas Corpus for production of Petitioner’s Uncle (family friend) – Dr. Kamal Kumar Rattan.The Petitioner claims to be a family friend of Dr. Rattan and the allegation is that he is being kept in isolation by his family and no one is being allowed to meet him.
Dr. Kamal Kumar Rattan has been produced before this Court physically pursuant to the direction given on the last date of hearing. He is approximately 82 years of age and has come to the Court on a wheelchair. There are various relatives who have come along with him including Ms. Taruna Singh, Ms. Neena Bhattacharjee and Mr. Bhraman Rattan, who are stated to be his nieces and nephews respectively.
This Court has tried to interact with Dr. Rattan. However, apart from a few words and gestures, he is unable to respond to any of the queries being put by this Court. This Court has been informed by Ms. Taruna Singh (niece of Dr. Rattan) that he has been diagnosed with Vascular Cognitive Impairment and some medical records have been produced.
In addition the Court has been informed that Dr. Rattan stays alone with a caretaker and his family in his farmhouse. The family members state that they visit him regularly. He is also owning substantial moveable and immoveable assets as per the submissions made in this case on the last date and even today. There are allegations of certain persons having taken away substantial sums of money from him running into crores of rupees. In his interactions today, he is trying to communicate with the Court but is unable to do so.
The Court has also interacted briefly with Mr. Tola Kant Pandey and the Petitioner. As recorded in the previous order, there are some issues relating to a settlement, etc. which has been entered into by Mr. Tola Kant with Dr. Rattan in respect of certain monetary transactions.
Presently, he is stated to be living in a farm house which belongs to him and certain family members including nieces, nephews and their children who are stated to be visiting him regularly. He had seven siblings, out of whom, only two siblings i.e., one sister and one younger brother are alive. The sister is living in Udaipur, Rajasthan and the younger brother is living in Gurugram, Haryana. He is living with a caretaker and the family of the caretaker.
However, the Court is of the opinion that in order to assess the medical condition of Dr. Rattan, an independent medical evaluation ought to be made of his physical and mental condition.
Let a Medical Board be constituted by AIIMS within one week which would include at least one Professor from the Neurology Department/ Neurosciences Centre. The examination of the Plaintiff to take place strictly as per Section 3 of the Mental Healthcare Act, 2017. The said provision is set out below:
“3. Determination of mental illness.—
(1)Mental illness shall be determined in accordance with such nationally or internationally accepted medical standards (including the latest edition of the International Classification of Disease of the World Health Organisation) as may be notified by the Central Government.
(2)No person or authority shall classify a person as a person with mental illness, except for purposes directly relating to the treatment of the mental illness or in other matters as covered under this Act or any other law for the time being in force.
(3)Mental illness of a person shall not be determined on the basis of,—
(a)political, economic or social status or membership of a cultural, racial or religious group, or for any other reason not directly relevant to mental health status of the person;
(b)non-conformity with moral, social, cultural, work or political values or religious beliefs prevailing in a person's community.
(4)Past treatment or hospitalisation in a mental health establishment though relevant, shall not by itself justify any present or future determination of the person's mental illness.
(5)The determination of a person's mental illness shall alone not imply or be taken to mean that the person is of unsound mind unless he has been declared as such by a competent court.”
Accordingly, it is directed that the Director, AIIMS may constitute a Medical Board to examine Dr. Kamal Kumar Rattan and give us a report in respect of the following aspects:
Whether Dr. Rattan is suffering from any medical condition and if so, the nature of such condition;
ii) Whether the medicines being administered to him are sufficient or they need to be changed/substituted, in any manner;
iii) Any other steps which may be taken to make his living condition more comfortable and any improvement that is needed, in his care and overall well-being.
Let Dr. Rattan be produced before the said Medical Board constituted by AIIMS at the time mutually decided between the Board and the niece of Dr. Rattan- Ms. Taruna Singh (M:9873699159) to ensure Dr. Rattan’s presence at the date and time fixed for his aforesaid examination before the Medical Board so constituted.
The examination shall take place preferably by 4th August 2024. Report be filed within one week thereafter.
In such cases, if the need arises, the Court may exercise its parens patriae jurisdiction to ensure the well being of the citizen. In order to get an independent opinion as to the living conditions of Dr. Rattan, this Court requests the Registrar (Medical), Delhi High Court to depute two nursing attendants, preferably male, who would stay with Dr. Rattan till the next date of hearing and give a report regarding the mental and physical state as also the living conditions of Dr. Rattan. The said report be filed in the Court in a sealed cover by the next date of hearing.
On a pointed query as to who is managing the movable and immovable assets of Dr. Rattan, this Court has been informed that the family members are managing the same.
Considering the medical condition of Dr. Rattan today who has been unable to either comprehend any of the queries put by this Court or unable to even communicate with the Court properly, this Court is of the opinion that the family members who are looking after Dr. Rattan’s movable and immovable assets, need to disclose to the Court the details of the same.
Let an affidavit giving a complete list of the entire movable and immovable assets of Dr. Rattan be placed on record by the next date of hearingby the family members of Dr. Rattan. Details of all bank accounts, FDs, mutual funds and any other investments in Dr. Rattan’s name shall also be placed on record.
It is also made clear that until the further orders of this Court except from day to day expenses which would be required for Dr. Rattan’s well-being and his everyday living, no withdrawals shall be made from his bank accounts and status quo shall be maintained in respect of all moveable and immoveable assets.
Mr. Tola Kant Pandey and his family are also directed to file an affidavit disclosing the total amount of money and assets, if any, which they have received from Dr. Rattan and how much has been paid back by them.
Copy of this order be communicated to Mr. Tanveer Oberoi, ld. Counsel for AIIMS. The registry to also send a copy of this order to the Director, AIIMS as also Registrar, AIIMS on the following e-mail IDs: [email protected], [email protected], [email protected] for information and necessary action.
Copy of this order be also sent to the Registrar (Medical), Delhi High Court for necessary information and compliance.
Copy of this order be given to the concerned Investigating Officer who after consultation with the Director, AIIMS, intimate the family members of Dr. Rattan to ensure his presence at the date and time fixed for his aforesaid examination before the Medical Board so constituted.
List on 7th August, 2024.