Kerala High Court
Mother Superior vs State Of Kerala on 17 December, 2010
Author: M.Sasidharan Nambiar
Bench: M.Sasidharan Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
Crl.MC.No. 4351 of 2010()
1. MOTHER SUPERIOR
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY THE
... Respondent
2. MANI M.D, KANNAMSATHATLI
For Petitioner :SRI.BIJUMON JACOB
For Respondent :PUBLIC PROSECUTOR
The Hon'ble MR. Justice M.SASIDHARAN NAMBIAR
Dated :17/12/2010
O R D E R
M.SASIDHARAN NAMBIAR,J.
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CRL.M.C.No. 4351 OF 2010
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Dated this the 17th day of December,2010
ORDER
On 10.10.2007 second respondent, a mentally ill person, was found wandering on the streets of Kothamangalam. She was taken into custody by Sub Inspector of Police, Kothamangalam and produced before Judicial First Class Magistrate, Kothamangalam as provided under section 23 of Mental Health Act, 1987. She was sent to Mental Health Centre, Thrissur. Subsquently the Medical Superintendent, Mental Health Centre reported that second respondent has improved her mental condition and she is fit for discharge. Judicial First Class Magistrate then issued notice to the petitioner, the mother superior of Snehasadan, Keerampara to appear and take steps to get second respondent discharged. Petitioner did Crl.M.C.4351/2010 2 not appear as directed. Therefore as per order dated 29.6.2010, summons was issued to the petitioner. Annexure C notice was issued to the effect that petitioner is the protector of second respondent and she has to make arrangements to get the second respondent discharged from Mental Health Centre, Thrissur. Petition is filed under section 482 of Code of Criminal Procedure to quash Annexure C notice and the proceedings of the learned Magistrate dated 29.6.2010.
2. Learned counsel appearing for the petitioner and the learned Public Prosecutor were heard.
3. Chapter IV of Mental Health Act deals admission and detention in Psychiatric Hospital or Psychiatric Nursing Home. Part III of that chapter deals with reception order. Under sub section 2
(s)"reception order" is defined as means an order made under the provisions of this Act for the admission and detention of a mentally ill person in a psychiatric hospital or psychiatric nursing home. Crl.M.C.4351/2010 3 Section 20 and 22 relate to application for reception order and procedure upon such application. Section 23 relate to powers and duties of police officers in respect of certain mentally ill persons, section 24, the procedure on production of mentally ill person and section 25 order in case of mentally ill person cruelly treated or not under proper care and control. Part II of Chapter V deals with discharge.
4. Section 20 deals with application for reception order. Under sub section (1) an application for a reception order may be made by the medical officer in charge of a psychiatric hospital or psychiatric nursing home or by any other relative of the mentally ill person. Section 21 deals with form and contents of medical certificate which is to be submitted along with the application as provided in sub section (6) of Section 20. Section 22 deals with the Procedure to be followed on receipt of an application for reception order.
Crl.M.C.4351/2010 4
5. Section 23 deals with Powers and duties of police officers in respect of certain mentally ill persons. Under sub section (1) every officer in charge of a police station--may take or cause to be taken into protection any person found wandering at large within the limits of his station, whom he has reason to believe to be so mentally ill as to be incapable of taking care of himself and shall take or cause to be taken into protection any person within the limits of his station whom he has reason to believe to be dangerous by reason of his mental illness. Under sub section (3) every person who is taken into protection and detained under sub section (1)shall be produced before the nearest Magistrate within a period of twenty four hours of taking him into such protection, excluding the time necessary for the journey from the place where he was taken into such protection to the Court of the Magistrate and he shall not be detained beyond the said period without the authority of the Magistrate. Therefore when second Crl.M.C.4351/2010 5 respondent was found to be wandering at large and is a mentally ill person, Sub Inspector was competent to take into protection and produce her before the Magistrate as has been done in the case.
6. Section 24 provides the Procedure to be followed by the Magistrate on production of mentally ill person as provided under sub section (3) of Section 23. Under sub section (1) on such production if the Magistrate is of the opinion that there are sufficient grounds for proceeding further, he shall examine the person to assess his capacity to understand, cause him to be examined by a medical officer and make such inquiries in relation to such person as he may deem necessary. Sub section (2) provides that after completion of the said procedure provided under sub section (1), Magistrate may pass a reception order authorising the detention of the said person as an inpatient in a psychiatric hospital or psychiatric nursing home, if the medical officer certifies such person to be a mentally ill person, and if the magistrate is Crl.M.C.4351/2010 6 satisfied that the said person is a mentally ill person and that in the interests of the health and personal safety of that person or for the protection of others, it is necessary to pass such orders. Therefore learned Magistrate was justified in authorising the detention of the second respondent to a psychiatric hospital as provided under sub section (2) of Section 24 of the Act.
7. Part II of Chapter V, deals with discharge. Under section 40, notwithstanding anything contained in Chapter IV, the medical officer in charge of a psychiatric hospital or psychiatric nursing home may, on the recommendation of two medical practitioners one of whom shall preferably be a psychiatrist, by order in writing, direct the discharge of any person undergoing treatment as an inpatient other than a voluntary patient and such person shall thereupon be discharged from the psychiatric hospital and where any order of discharge is so made in respect of a Crl.M.C.4351/2010 7 person who has been detained or undergoing treatment as inpatient in pursuance of an order of any authority, a copy of such order shall be immediately forwarded to that authority by the medical officer in charge. Section 44 deals with discharge of person detained pursuant to a reception order. Under section 44, if any person detained in a psychiatric hospital or psychiatric nursing home in pursuance of a reception order made under the Act is subsequently found, to be of sound mind or capable of taking care of himself and managing his affairs, the medical officer in charge shall forthwith, on the production of a copy of such finding on an inquisition held in accordance with the provisions of Chapter VI, discharge such person from such hospital or nursing home.
8. Annexure B proceeding paper shows that after reception order was passed under section 23 (3) and second respondent was sent to the Mental Health Centre, Thrissur,reports were being called regarding her mental condition. Finally on Crl.M.C.4351/2010 8 29.5.2010 the doctor attached to the Mental Health Centre, Thrissur reported that second respondent has improved her mental condition and is fit for discharge. It is based on the report learned Magistrate issued notice to the petitioner, as it was in Snehasadan second respondent was residing earlier. Petitioner is not a relative of the second respondent. Petitioner had only given shelter to her earlier. Though learned Magistrate referred petitioner as the protector of the second respondent in Annexure C notice, neither Section 23 nor Section 24 enables the Magistrate to direct the petitioner to make arrangements to get the second respondent discharged from the hospital. Learned Public Prosecutor submitted that the following are the relatives of the second respondent:-
Father - Thankappan Mother - Kamalamma now residing at Pannampathalil, Thannikuzhi P.O., Pothenpuzha, Manimala.
Crl.M.C.4351/2010 9 Learned Public prosecutor also submitted that they are not in a position to maintain them. It is up to the learned Magistrate to pass appropriate directions in accordance with law, as petitioner cannot be directed to make arrangements to maintain the second respondent. Hence Annexure C notice as well as the proceedings of the learned Magistrate directing the petitioner to make arrangements for discharge of the second respondent can only be quashed.
Petition is allowed. Annexure C notice and the proceedings of the learned Magistrate directing the petitioner to make arrangements to get the second respondent discharged is quashed. It is made clear that it is for the learned Magistrate to pass appropriate orders in the proceedings in accordance with law.
M.SASIDHARAN NAMBIAR JUDGE tpl/-
M.SASIDHARAN NAMBIAR, J.
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W.P.(C).NO. /06
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JUDGMENT SEPTEMBER,2006