AI Structured Summary
Not yet generated for this judgment
Judgment
H. S. Thangkhiew, J
This matter is before this court on very unfortunate circumstances. The petitioner is stated to be the sister of one Shri Roland Nikhla, a resident of Jowai.
The instant dispute concerns the fight for custody and control of the said Roland Nikhla, who is also stated to be not in sound health and mind. In this regard, it is noted that respondent Nos. 6, 7 and 8, on an earlier occasion had approached this Court by way of a Habeas Corpus petition alleging that he was missing. This Court in the Division Bench by order dated 04.02.2022 had recorded as follows:-
“Thus, it is evident that Roland Nikhla is not missing and he is available at the Jowai residence of his younger sister. Roland Nikhla may not be well as is evident from the report filed today and may require treatment. It is also possible that Roland Nikhla may not be in a state of health or mind to be able to manage his own affairs or take rational decisions. It is up to the family members of Roland Nikhla to decide the best course of treatment for him. However, for such purpose the present matter cannot be pursued as Roland Nikhla cannot be said to be missing any more.
It is left to the petitioner and other members of Roland Nikhla’s family to take appropriate steps for his treatment or otherwise in accordance with law.”
The Division Bench had therefore noted that the said Roland Nikhla may not be in a state of health or mind to be able to manage his own affairs, and that it is up to the family members to decide the best course of treatment for him. However, instead of caring for the said person in the right manner to keep him in a secure and safe environment, the private respondents have taken custody of the said Roland Nikhla and it is stated that he is with them as on today.
Both the contesting parties have made vehement submissions on their stand as to their claims of custody of the said Roland Nikhla. This Court for the safety and care of the person is therefore at this stage to explore the option to ensure the security and safety of the said Roland Nikhla.
Accordingly, this Court appoints Mr. K. Kharmawphlang, Advocate who has volunteered his service as an Advocate Commissioner to take necessary steps in the course from today itself, and to ascertain the exact whereabouts and status of the said Roland Nikhla.
It is further directed under the order of this Court, that Mr. K. Kharmawphlang, Advocate Commissioner is to seek the assistance of the Doctors who had been treating the said Roland Nikhla, either from Sanker Rehabilitation Centre or from North Eastern Indira Gandhi Regional Institute of Health and Medical Sciences (NEIGRIHMS) to conduct the said examination and inspection.
The Advocate Commissioner along with the Doctors and with the help and assistance of the State respondents through the Deputy Commissioner and Superintendent of Police shall ensure that the said exercise is carried out, without any interference from either of the interested parties.
The parties also are to supply the names of the Doctors who had been treating the said Roland Nikhla, to the Advocate Commissioner who after ascertaining the said names and calling for their assistance shall conduct the exercise as per this order.
Mr. K. Kharmawphlang, Advocate Commissioner also undertakes to file a short report on the next date indicating the status of the person.
A copy of this order be provided to Mr. K. Kharmawphlang, Advocate.
Copies also to be given to the Deputy Commissioner and Superintendent of Police, East Khasi Hills District, Shillong for compliance.
List this matter on 13.07.2022.