Delhi High Court - Orders
Bijender vs The State & Anr on 23 October, 2020
Author: J.R. Midha
Bench: J.R. Midha
$~5
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1409/2020 & CRL.M.A.14460/2020
BIJENDER ..... Petitioner
Through: Mr. Mohit Mathur, Senior
Advocate with Mr. Sumit
Choudhary, Advocate.
Versus
THE STATE & ANR. .....Respondents
Through: Mr. Rahul Mehra, Standing
Counsel (Crl.) for the State with
Mr. Chaitanya Gosain, Advocate.
Mr. Vikas Pahwa, Senior Advocate
for respondent No.2 with Mr. Arun
Khatri and Mr. Varun Bhati,
Advocates.
Mr. H.S. Phoolka, Senior Advocate
as amicus curiae with Ms.
Prabhsahay Kaur, Advocate.
Dr. Joy Tirkey, DCP Crime
Branch.
CORAM:
HON'BLE MR. JUSTICE J.R. MIDHA
HON'BLE MR. JUSTICE BRIJESH SETHI
ORDER
% 23.10.2020
1. The hearing has been conducted through video conference. W.P.(CRL.) 1409/2020
2. The pleadings are not complete as the petitioner has not yet filed the rejoinder to the counter affidavit dated 13 th September, 2020 of Signature Not Verified Page 1 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18 respondent No.2. Let the rejoinder to the counter affidavit of respondent No.2 be filed within one week.
3. The petitioner filed the brief note of submissions dated 22nd October, 2020 along with additional documents. Let the response thereto be filed by respondent No.2 on affidavit within one week.
4. Respondent No.2 has filed the brief note of submissions dated 21 st October, 2020 along with additional documents. Let the response thereto be filed by the petitioner on affidavit within one week.
5. List the writ petition for hearing on 09th November, 2020.
CRL.M.A.14460/20206. Respondent No.2 is seeking interim custody of Bhure @ Ran Singh @ Godhay (hereinafter referred to 'Godhay') on various grounds inter alia that the medical condition of Godhay has deteriorated and a message was received from Inspector Data Ram Yadav that Godhay was not feeling good since 13th October, 2020 and insisted to call someone from family, whereupon respondent No.2 met him and found that he was defecating puss instead of stool and was weeping bitterly.
7. Mr. Vikas Pahwa, learned senior counsel for applicant/respondent No.2, urged at the time of hearing that the biological mother of respondent No.2 expired when she was six months old whereupon she was adopted and brought up by Godhay and Kamla Devi at Village Nangal Thakran (hereinafter referred as 'Village Nangal'); Godhay has been staying with respondent No.2 at Panipat; Godhay went to Village Nangal on 28th June, 2020 for few days but the petitioner did not allow him to return back; on 02nd August, 2020, husband of respondent No.2 went to Village Nangal when petitioner and his family members Signature Not Verified Page 2 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18 misbehaved with him; on 04th August, 2020 respondent No.2 visited Village Nangal, when the petitioner demanded the return of the land gifted by Godhay to her by way of a gift deed; respondent No.2 filed the application under Section 97 Cr.P.C. before the learned SDM in which the learned SDM issued search warrants on 27th August, 2020 and after ascertaining the medical condition, the learned SDM handed over the custody of Godhay to respondent No.2 vide order dated 28 th August, 2020. Vide order dated 07th September, 2020, this Court directed Godhay to be admitted to Primus Hospital for complete medical checkup. The police has completed the inquiry pursuant to the directions of this Court and has submitted the report according to which respondent No.2 is the adopted daughter of Godhay and Godhay was staying with her at Panipat. Respondent No.2 has filed the coloured photographs of Godhay on 19th October, 2020 which reflects his deteriorating health. It is submitted that respondent No.2 was in lawful custody of Godhay by virtue of order dated 28th August, 2020 passed by the learned SDM which has not been challenged by the petitioner till date. It is submitted that the inquiry reports submitted by the police have also confirmed that Godhay was staying with respondent No.2 at least since 2017 and the welfare of Godhay is to stay with respondent No.2. It is further submitted that the petitioner has made various false statements in the writ petition more particularly that the petitioner and his family members never knew respondent No.2; and Godhay had been continuously staying with the petitioner at the Village Nangal. It is further submitted that the petitioner is guilty of concealment of relevant and material facts in the writ petition inter alia that respondent No.2 was brought up by Godhay at Village Signature Not Verified Page 3 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18 Nangal since the age of six months; and Godhay came to the petitioner on 28th June, 2020.
8. Mr. Mohit Mathur, learned senior counsel for the petitioner, strongly opposes the application of respondent No.2. It is submitted that respondent No.2 cannot seek this prayer in the petition filed by the petitioner. It is submitted that Godhay had always been staying with the petitioner at Village Nangal. Reference is made to the PAN Card, Voter ID Card, Aadhaar Card and Kisan Pustika in which the address of Godhay has been shown as Village Nangal. It is further submitted that even in the disputed gift deed dated 08th October, 2018, address of Godhay has been given as Village Nangal. It is submitted that respondent No.2 has illegally taken the custody of Godhay by the orders dated 26th and 28th August, 2020 passed by the SDM. It is submitted that Godhay has stated before the police that he wants to stay in the village with the petitioner. It is submitted that the custody of Godhay should be given to the petitioner. In the alternative, it is submitted that Godhay may continue to stay in a flat in Dwarka under the supervision of DCP, Crime Branch. It is further submitted that the petitioner has filed photographs to show that Godhay was participating in all family functions of the petitioner which leads to the inference that he was always residing with him.
9. Mr. Rahul Mehra, learned Standing Counsel (Crl.), for GNCTD urged at the time of hearing that Godhay is about 90 years old and his vitals are stable but he is emotionally distressed and requires care and affection of his own people. It is further submitted that Godhay is feeling depressed and intermittently cries and says that he wants to live with the family members. It is further submitted that the police conducted a Signature Not Verified Page 4 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18 detailed inquiry under the directions of this Court and has submitted the report which prima facie shows that Godhay was staying with respondent No.2 at least since 2017. Godhay came to the petitioner in June, 2020 and pursuant to the order dated 28th August, 2020 passed by the learned SDM, the custody of Godhay was handed over to respondent No.2. It is submitted that the inquiry report filed by police be examined and appropriate order be passed with respect to his interim custody. It is further submitted that the original medical record of Godhay be examined by this Court.
10. Mr. H.S. Phoolka, learned amicus curiae, urged at the time of hearing that the appropriate order be passed in which both the parties could have access to Godhay. It is submitted that Godhay appears to be close to both the parties but it is not clear as to whom he is more attached. It is submitted that Godhay should not be deprived of the company of both the parties during the pendency of this petition.
11. The petitioner has filed this petition for habeas corpus seeking production of Godhay and to ascertain his welfare. This writ petition was first taken up on 07th September, 2020 when this Court directed Godhay to be taken to Primus Hospital for complete medical checkup and both the parties agreed to bear the cost of the hospital. This Court appointed Mr. H. S. Phoolka, Senior Advocate, as amicus curiae to assist this Court in this matter. Relevant portion of the order dated 07th September, 2020 is reproduced hereunder:-
"4. The petitioner is seeking production of Godhay alias Bhure alias Ran Singh aged about 90 years. His wife has already pre-deceased him and he has no issue. Godhay was staying with the petitioner till 27th August, 2020 when Signature Not Verified Page 5 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18 respondent No.2 took the custody through the warrants issued by the SDM in a petition filed by respondent No.2.
5. Before going into the merits of this case, this Court is concerned with the present medical condition and welfare of Godhay.
6. The petitioner claims to be the nephew of Godhay whereas respondent No.2 claims to be the adopted daughter of the Godhay's wife.
7. This Court put a query to the petitioner's counsel as well as counsel for respondent No.2 with respect to the value of assets of Godhay. Learned counsels for both the parties submit that the value of the assets of the Godhay is approximately Rs.6 Crores. Let an affidavit be filed by both the parties with respect to the particulars of all the assets of Godhay as well as their present market value along with supporting documents. The affidavit shall also disclose what all documents has been executed by Godhay in their favour and the original documents be filed along with affidavit within 3 days from today. If any document is executed after today's hearing, the same shall also be placed on record before the next date of hearing.
8. Taking the value of the present assets of Godhay as Rs.6 Crores, this Court has asked learned counsels for both the parties as to how much amount they are willing to deposit for the medical checkup of Godhay.
9. Learned senior counsel for the petitioner as well as counsel for respondent No.2 submit on instructions that petitioner as well as respondent No.2 are agreeable to deposit Rs.2 Lakh each for the medical checkup and necessary tests of Godhay in the best medical hospital in Delhi.
10. Mr. H. S. Phoolka, Senior Advocate, is appointed as amicus curiae to assist this Court in this matter. Mr. H. S. Phoolka, amicus curiae, is requested to take up the matter with NGO, Bachpan Bachao Andolan. Mr. H. S. Phoolka, amicus curiae, shall ensure a representative of NGO's look into the welfare of the Godhay during his treatment at the Primus Hospital.Signature Not Verified Page 6 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18
11. The petitioner as well as respondent No.2 shall initially deposit Rs.1 Lakh each with the Medical Superintendent of Primus Hospital whereupon the hospital shall depute an Ambulance to visit the residence of respondent No.2 to bring Godhay to Primus Hospital where he will be kept in a private room and all necessary medical checkups shall be conducted.
12. The petitioner as well as respondent No.2 shall furnish the complete medical record of Godhay to the Medical Superintendent of Primus Hospital at the time of deposit of Rs.1 Lakh each.
13. The Medical Superintendent of Primus Hospital is requested to ensure that all necessary precautions are taken considering the COVID pandemic.
14. Learned counsels for petitioner and respondent No.2 submit that hospital be requested to provide the medical checkup and treatment at reasonable charges. Mr. Rahul Mehra, learned senior standing counsel for the State is given liberty to take up the matter with the Medical Superintendent in this regard and learned counsel for the parties shall approach this Court for modification if they want to take Godhay to some other hospital of their choice.
15. SHO, P.S. Chanakyapuri (within whose jurisdiction the Primus Hospital is situated) shall send the police constable along with an Ambulance for safe journey of Godhay from the residence of respondent No.2 to Primus Hospital.
16. The Primus Hospital shall permit the petitioner or one member from petitioner side as well as respondent or one member from respondent side to meet Godhay, in presence of the attendant in the hospital, twice a day for half an hour each, subject to the medical advice.
17. In the event of any apprehension expressed by Godhay, the SHO P.S. Chanakyapuri shall provide the necessary assistance to ensure safety of Godhay during his stay in the hospital.
18. Since the petitioner and respondent No.2 have agreed to deposit Rs.2 Lakh each and they are presently being directed to deposit only Rs.1 Lakh each, the balance Rs.1 Signature Not Verified Page 7 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18 Lakh each shall be deposited by both the parties with the Registrar General of this Court within three days.
19. The record of the SDM, Narela, relating to the case filed by respondent No.2 be requisitioned before the next date of hearing.
20. Primus Hospital shall submit a detailed report with respect to the present medical condition of Godhay in a sealed cover to this Court which shall be considered on the next date of hearing.
21. If considered necessary, this Court shall communicate with doctors treating Godhay through video conference on the next date of hearing.
22. List for further hearing on 14th September, 2020 at 12:30 PM.
23. Liberty is given to learned counsels for both the parties to approach this Court for early hearing, if the occasion so arises, considering the medical condition of Godhay.
24. Mr. H. S. Phoolka, amicus curiae, and Mr. Rahul Mehra, learned Standing Counsel, are requested to suggest the modes for the graceful stay of Godhay after discharge from hospital on the next date. 25. Learned counsel for the petitioner shall furnish the complete paper book to Mr. H. S. Phoolka, amicus curiae, during the course of the day.
25.Learned counsel for the petitioner shall furnish the complete paper book to Mr. H. S. Phoolka, amicus curiae, during the course of the day."
(Emphasis supplied)
12. In compliance with the order dated 07th September, 2020, Godhay was taken to Primus hospital on 08th September, 2020. The matter was again taken up on 14th September, 2020 when the report of the Primus Hospital was placed on record. As per the report of the Primus Hospital, Godhay is suffering from dementia/old age problems and he is also hard of hearing. After hearing both the parties, this Court considered it necessary to direct an inquiry to be conducted by the Delhi Police into the Signature Not Verified Page 8 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18 contrary averments made by the parties. This Court directed DCP (Crime), Delhi Police to have an inquiry conducted under his supervision. Both the parties agreed that Godhay be kept at a neutral place till the preliminary inquiry report is submitted by the police and the parties agreed to bear the expenditure for his stay till then. Relevant portion of the order dated 14th September, 2020 is reproduced hereunder:-
"2. The petitioner is seeking the production of Godhay alias Bhure alias Ran Singh aged about 90 years.
3. According to the petitioner, Godhay was staying with the petitioner till 27th August, 2020 when respondent No.2 took the custody through the warrants issued by SDM in a petition filed by respondent No.2.
4. This petition was taken up on 07th September, 2020 when this Court was concerned with the medical condition and the health of Godhay. This Court directed Godhay to be taken up to the Primus Hospital for his complete medical check up. Both the parties deposited Rs.1 lakh each with Primus Hospital and Rs.1 lakh each with the Registrar General of this Court in terms of the order dated 07th September, 2020.
5. The Primus Hospital has filed the report with respect to the medical condition of Godhay. Primus Hospital has also filed the video recordings of Godhay which have been seen by this Court.
6. As per the report of the Primus Hospital, Godhay is suffering from dementia and old age problems. He is also hard of hearing. In the video recording, it was put to Godhay where he was staying and where he wants to stay, to which Godhay has replied he was staying with the Chotu (Narender's son) and he wants to go back to his village Nangal.
7. Mr. H.S. Phoolka, learned amicus curiae, has filed the report in which he has stated that Godhay wants to stay in his own house at village Nangal where he claims to have stayed throughout.
8. After perusing the report of the Primus Hospital and the Signature Not Verified Page 9 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18 report of the amicus curiae, the hearing of this case was deferred to enable the learned counsel for both the parties to make an endeavour to amicably resolve the matter. The matter was again taken up at 4.00 P.M. when learned counsels for the parties submitted that they are unable to resolve the matter and the matter be heard and decided on merits.
9. According to the petitioner, Godhay was altogether staying with him whereas respondent No.2 claims that Godhay was staying with her. These are totally contradictory pleas set up by both the parties. The same stand was taken up by the parties before the learned SDM who passed an order in favour of respondent No.2 without conducting an enquiry, which was necessary. This Court is of the view that it would be appropriate to direct an enquiry to be conducted in this matter.
10. Both the parties are claiming that Godhay was continuously staying with them. There would be ample evidence as to where Godhay was staying. Dr. Joy N. Tirkey, DCP (Crime), Delhi Police is directed to have an enquiry conducted under his supervision into the averments made by the parties before this Court as well as the averments made by the parties before the learned SDM.
11. Godhay has executed a Gift Deed in favour of respondent No.2 and a Will in favour of the petitioner. The Investigating Officer shall also conduct an enquiry into the circumstances under which the aforesaid documents were executed by Godhay considering his medical condition and more particularly, the dementia.
12. Both the parties shall cooperate into the aforesaid enquiry and they shall produce all documents executed by Godhay in their favour as well as all other documents. The petitioner has filed some original documents before this Court. The Registry shall furnish the digitalized copy of the entire record of the petition to Mr. Rahul Mehra, learned Standing Counsel, who shall forward the same to the DCP, Crime Branch.
13. The preliminary enquiry report be placed before this Signature Not Verified Page 10 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18 Court on 21th September, 2020 in a sealed cover along with the statements of the persons recorded and the other evidence collected by the Investigating Officer.
14. Learned senior counsels for both the parties agree on instructions that till the preliminary enquiry report is submitted by the Investigating Officer, Godhay can be kept at a neutral place where he should be taken care of by a nursing attendant as well as a domestic help/cook and they will equally bear the expenditure for his stay till then.
15. Mr. Rahul Mehra, learned Standing Counsel and Mr. H.S. Phoolka, learned amicus curiae, shall assist this Court in identifying a neutral place as well as identifying a nursing attendant and domestic help/cook for stay of Godhay till the next date of hearing.
16. The appropriate order with respect to the shifting of Godhay from the Primus Hospital shall be passed on 15 th September, 2020 after considering the appropriate place being identified.
17. List on 15th September, 2020 at 12.30 P.M.
18. List for considering the preliminary enquiry report of the DCP, Crime Branch on 21st September, 2020."
(Emphasis supplied)
13. The petition was again taken up on 15th September, 2020 when this Court give directions with respect to stay of Godhay at a neutral place and further directions were given with respect to inquiry being conducted by the police. Relevant portion of the order dated 15 th September, 2020 is reproduced hereunder:-
"2. Mr. Rahul Mehra, learned Standing Counsel, submits that a property in Shalimar Bagh has been identified for shifting Godhay there and both the parties have consented to the same. It is further submitted that a male nurse and a attendant/cook has to be arranged and both the parties have to arrange the furniture and other articles to be kept in the property to make it habitable. Learned Standing Counsel further submits that Dr. Joy Tirkey, DCP, Crime Branch, is Signature Not Verified Page 11 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18 present through video conference.
3. This Court has interacted with Dr. Joy Tirkey, DCP, Crime Branch, present before this Court through video conference. This Court is of the view that the inquiry directed by this Court yesterday should commence forthwith and more particularly the examination of Godhay should commence today itself.
4. In the peculiar facts of this case, this Court is of the view that the video recording of Godhay and other witnesses as well as places/circumstances be done by the Investigating Officer and the same be filed before this Court along with inquiry report in a sealed cover before the next date of hearing. The inquiry report and the video recordings shall not be shared with the parties without prior permission of this Court. 5. Dr. Joy Tirkey, DCP, Crime Branch, shall ensure that the parties shall not contact Godhay till his examination is complete by the Investigating Officer.
6. Both the parties have agreed to bear all expenditure equally, including the rent of the property where Godhay has to be shifted and the arrangement of the male nurse and attendant/cook. Both the parties have agreed to deposit Rs.1 Lakh each with their counsel on record for being spent towards the expenses of Godhay on the instructions of DCP (Crime Branch) by today evening 08:00 PM.
7. Learned DCP, Crime Branch, shall take all appropriate decisions relating to Godhay including the date and time of shifting Godhay to the identified place.
8. Learned senior counsel for both the parties submit that the order dated 14th September, 2020 be clarified to the extent that the Investigating Officer shall put all the documents and averments set up by both the parties in these petitions, proceedings before the SDM as well as the civil suit filed by Godhay at the time of examination. Investigating Officer is at liberty to examine all these aspects. Both the parties are given liberty to give the list of suggested questions to the DCP, Crime Branch for his consideration.
9. Learned senior counsel for both the parties submit that Signature Not Verified Page 12 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18 the parties are willing to make one more endeavour to resolve the matter with the mediation of Mr. H. S. Phoolka, learned amicus curiae. The parties are at liberty to approach Mr. H. S. Phoolka to make an endeavour to resolve the matter."
(Emphasis supplied) Inquiry report dated 12th October, 2020
14. Delhi Police constituted SIT headed by DCP (Crime). The SIT recorded the statement of Godhay on 15th September, 2020 and 09th October, 2020. The SIT visited Village Nangal, Sonipat, Panipat, Gurgaon and Garh Ganga and examined 71 witnesses mentioned in the report. On 12th October, 2020, the police filed the status report with respect to inquiry directed by this Court. After considering the inquiry report, this Court observed that further inquiry was necessary and the DCP (Crime) was directed to conduct further inquiry and submit the status report. The relevant portion of the inquiry report is reproduced hereunder:-
"Discussion of evidence During enquiry, a large number of persons (71 including Godhay) have been examined from both sides by the SIT. A large number of documents have also been verified, obtained and perused Part 1 - Statement of Godhay Sh. Godhay is about 90 years old. He is suffering from old age problems like dementia and incontinence. He is most comfortable with Haryanavi language. He is illiterate. He still uses his thumb print to operate his Corporation Bank Account. He has learnt to sign in Urdu as "Ran Singh‟. He says that he has also used names like Rattan Singh and Bhure.
His wife, Kamla Devi, passed away on 22.10.2019. The couple did not have any children of their own. Kamla Devi Signature Not Verified Page 13 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18 and her sister Vidya Devi has brought Babli (Asha Rani) to Village Nangal Thakran when she was in infant. Smt. Asha Rani, the respondent's mother Shanti Devi w/o Albel Singh, had passed away when she was 6 months old. Her mother, Shanti Devi, Kamla and Vidya were real sisters. Smt. Asha Rani spent part of her childhood (till class 5) with Kamla Devi and Godhay. Thereafter, Smt. Asha Rani lived with her real father and step mother for some time (Class 6 to 8) before leaving for Bahadurgarh to continue her studies and live with her father's sister (class 9 to BA). Right after she completed her BA she married Jagwant Singh Rana. Godhay's statement clarifies the following important issues.
(i) That Godhay is attached with Smt Asha Rani, since the time she lived in his house as an infant.
(ii) That he has had no children of his own.
(iii) That Godhay is also known as Ran Singh, Rattan Singh and Bhure.
(iv) That Godhay signs his name as Ran Singh in urdu.
(v) That he claims to have adopted Smt Asha Rani,
(vi) That he says that he has given away his land to Asha Rani.
Part 2 - Statements in favour of the petitioner Almost all the persons who were examined in Village Nangal Thakran have stated on the following common lines. That they do not know Godhay as Ran Singh. They only know Godhay @ Bhure.
None of them was aware of Godhay and his late wife Smt. Kamla had ever adopted Babli (Asha Rani).
They agree that Kamla and Vidya (elder sister of Kamla) had brought Babli (Asha Rani) to Village Nangal Thakran when her mother Shanti Devi had passed away. At that time Babli was about 6 months old. Babli stayed with Kamla and Godhay during her early years and thereafter she returned to her real father Sh. Albel Singh. It was true that Godhay and his wife used to visit Asha Rani at her home in Sonepat and Panipat and would stay with her for long durations, but their permanent residence has always remained their old house at Village Nangal Thakran, Bawana.
Signature Not Verified Page 14 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18Part 3 - Statements in favour of the respondent Almost all the persons who have spoken in favour of the respondents have stated on the following common lines. That Godhay and his wife Kamla Devi have been staying with Smt. Asha Rani at Sonepat, Panchkulla and Panipat. That Smt Kamla Devi had adopted Smt Asha Rani as her daughter.
That Smt. Asha Rani took care of the old couple as her real parents and ensured proper medical attention whenever required.
That when Smt. Kamla Devi passed away, Smt. Asha Rani took care of her cremation and last rites.
That Sh. Godhay had gifted his property to Smt. Asha Rani as she was his adopted daughter."
xxx xxx xxx
63.(iv) According to available medical records, Godhay and his late wife Kamla Devi had been staying with Asha Rani at her house in Panipat since 2017. Godhay arrived in Village Nangal Thakran in the month of June, 2020 along with his caretaker, Kiran. After the altercation with other family members, Smt Asha Rani took Godhay back to Panipat on 28.08.2020.
Conclusion This is not the first time that Godhay has willingly given away his property to Asha Rani. He has already done it, at least once, in the past. In the year 2013 - 2014, he had sold his 1000 square yards of prime land in Sonepat (paper value Rs. 1.12 crore - actual value much more) and had given away all proceeds of the sale to Asha Rani and her son Parth Rana. His wife Kamla was alive during that time. He has now given away his property to Asha Rani once again and says that she is his adopted daughter."
(Emphasis supplied) Final inquiry report dated 21st October, 2020
15. The SIT constituted by DCP (Crime) has submitted the final report dated 21st October, 2020 according to which Godhay requires constant Signature Not Verified Page 15 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18 medical care. As per the report, Godhay requires proper accommodation, temperature control devices, round the clock nursing facility, cook/cleaner, company of family members and access to medical facility in case of emergency. Both the parties are willing to take care of Godhay. Godhay has desired to stay in Village Nangal but the accommodation there does not appear to be convenient for his stay. As per the report, respondent No.2 had been taking good care of Godhay. The relevant portion of inquiry report is reproduced hereunder:-
"Q.18 What can be done to improve his living conditions? Ans Godhay wishes to live in Village Nangal Thakran. His house has only one room on the ground floor and one room upstairs and verandah with a small storage room. The house has no washroom facility or separate kitchen being a very old construction. It would be extremely difficult for Godhay to live in his old house given his age and medical condition. To improve his living condition, he needs the following.
(i) Proper accommodation
(ii) Air conditioning and room heater
(iii) Round the clock nursing facility
(iv) Cook
(v) Cleaner
(vi) Company of loved ones
(vii) Access to car with driver at all times for medical emergencies Q.19 Who will take care of Godhay if he wishes to live in Village Nangal Thakran?
Ans Since the petitioner and his family live in Village Nangal Thakran, they could take care of Godhay if he lives in his old house.
The Respondent No.2 may also take care of Godhay while he lives in Village Nangal Thakran. However, the respondent is based in Panipat and will be uable to directly supervise the Signature Not Verified Page 16 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18 arrangements and would have to rely on the services of hired help.
However, the old house of Godhay is inconvenient because it does not have washroom facilities. The option of arranging for better accommodation for Godhay in Village Nangal Thakran may be explored.
Q.20 Is the petitioner ready to take care of Godhay?
Ans As per the reply of the petitioner, Sh. Godhey has all along been living at Village Nangal Thakran, Delhi; and was being looked after by the undersigned and his family members and further since Sh. Godhey himself wants to live in Village Nangal Thakran, it would be conducive for his medical condition and overall well being, if Sh. Godhey lives in Village Nangal Thakran. The undersigned and his family members have all along been looking after Sh. Godhey and would continue to do that in future also.
Q.21 Is the respondent ready to take care of Godhay? Ans As per the reply of the respondent, Asha Rani being (Adopted) daughter of Sh. Rann Singh @ Godhey @ Bhure is responsible for take care and expenses. She is ready and willing to bear all his expenses and provide best medical facilities like in past. She has kept the attendant Kiran Kumar on hold who is being regularly paid in the interregnum on standby. Kiran Kumar has been attending to needs of Sh. Rann Singh @ Godhey @ Bhure for past one year now (and is well aware of his medical needs and temperament including food pattern. Further, he has no communication barrier with Sh. Rann Singh @ Godhey @ Bhure. Thus, Asha Rani has ready and sufficient means to cater to the needs of Sh. Rann Singh @ Godhey @ Bhure with utmost love and affection. Also, Asha Rani had been attending to the medical needs of Sh. Rann Singh @ Godhey @ Bhure and he is regularly in need of doctor visits. The medical records as submitted by Asha Rani and verified by inquiry official abundantly reflect the fact that Asha Rani Signature Not Verified Page 17 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18 has taken good care of Sh. Rann Singh @ Godhey @ Bhure. The hospital is just across the road from the current residence of Asha Rani and doctors easily pay home visits. The doctors at Panipat are well versed with medical history of Sh. Rann Singh @ Godhey @ Bhure. Further, frequent hospitalization in aloof environment is only resulting in deterioration of health and further susceptibility to secondary infections. Even arrangements at independent place are not viable because it has twice shown relapse in past months and mere paid attendant and cook with no monitoring are apparently not sufficient because they do not know about peculiarities of his tastes and lifestyle. The continuous monitoring and affection of Asha Rani is required as she fully understands the needs of her father having been taken care of him for more than a decade. Asha Rani can ensure best medical facilities with homely care while making an endeavor for his speedy recovery which would minimize the causes of any fatal infections and further suffering.
Q.22 Does Godhay need a formal mental state evaluation? Ans Yes, Godhay needs a formal mental state evaluation. This is important for the reason that treatment of dementia or other mental disorders depend on the cause. In the case of most progressive dementias, including Alzheimer's disease, there is no cure and no treatment that slows or stops its progression. However, there are drug treatments that may temporarily improve symptoms. Non-drug therapies can also alleviate some symptoms of dementia.
Q.23 Godhay needs constant medical care. Who will take care of the expenses?
Ans Both parties agree to take care of Godhay's medical and other expenses.
Q.24 Who has taken care of Godhay in the recent past? Ans According to available medical records, Godhay and his late wife Kamla Devi had been staying with Asha Rani at Signature Not Verified Page 18 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18 her house in Panipat since 2017. Godhay arrived in Village Nangal Thakran in the month of June, 2020 along with his caretaker, Kiran. After the altercation with other family members, Smt Asha Rani took Godhay back to Panipat on 28.08.2020."
(Emphasis supplied)
16. The DCP Crime has submitted the status report in respect of the treatment of Godhay. Relevant portion of the said report is as under:-
"Status report dated 23rd October, 2020 with respect to treatment of Godhay after the order dated 07th September, 2020
1. That in continuation to the earlier status report filed before the Hon'ble Court on 21.10.2020, it is further submitted that during hearing on 23.10.2020, the Hon'ble Court had directed the undersigned to submit original hospital record pertaining to admission and treatment of Godhay at Primus Hospital, a chart showing stay of Godhay in the Hospital and outside since the petition came up for hearing before the Hon'ble Court and the details of the cook and caretaker appointed by the undersigned to look after Godhay.
2. That the original hospital records pertaining to admission and treatment of Godhay at Primus Hospital have been obtained and are being submitted before the Hon'ble Court. 2 sets of photocopies will be supplied subsequently.
3. That pursuant to directions of the Hon'ble Court dated 07.09.2020, Sh. Godhay was shifted to Primus Hospital, Chanakyapuri on 08/09/2020. Chart showing details of admission, discharge and subsequent admissions is attached as Annexure - A.
4. That a cook and three caretakers had been appointed by the undersigned to take care of Godhay while he was staying at the 2 BHK ground floor Flat No. 473, Sarvhit Apartments, Sector 17A, Dwarka, Delhi after discharge from Primus Hospital. All the support personnel were tested for COVID-Signature Not Verified Page 19 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18
19 before engagement. An adjustable back rest Hospital Bed with air bed mattress was provided to Godhay while he stayed at the Dwarka flat. Details of the cook and caretakers are as given below.
xxx xxx xxx While Godhay was admitted in the hospital for the second time (with Covid-19), he started crying and refusing to eat. The Medical Superintendent of Primus Hospital brought this to the notice of the undersigned. After instructions, family members of Godhay were requested to help the hospital staff in feeding Godhay.
Now Godhay has been admitted in the hospital for the third time. He has recovered from gastroenteritis and wishes to go home. The doctors have planned his discharge for tomorrow, i.e. 24.10.2020."
(Emphasis supplied)
17. At the time of filing of this petition, custody of Godhay was with respondent No.2. This petition was first taken up on 07 th September, 2020, when this Court was concerned with the medical condition and welfare of Godhay. This Court, therefore, directed Godhay to be taken to Primus Hospital for complete medical checkup in an ambulance. However, the legal custody of Godhay continued with respondent No.2.
18. On 14th September, 2020, this Court considered the report of Primus Hospital with respect to the health of Godhay. After hearing the parties, who raised totally contradictory pleas, this Court considered it necessary to direct an inquiry to be conducted by Delhi Police and Godhay was directed to be kept at a flat in Dwarka under the supervision of the police to avoid any interference/influence by either of the parties in the inquiry. Delhi Police has now completed the inquiry and Godhay is no more required to be kept in Dwarka flat.
Signature Not Verified Page 20 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:1819. Godhay is aged about 90 years and is suffering from dementia/old age problems and he is also hard of hearing. Godhay is not in a position to take a decision with respect to his welfare. The SIT has examined the welfare of Godhay in its report dated 21st October, 2020. According to the police, Godhay has been staying with respondent No.2 since 2017; respondent No.2 has been taking good care of Godhay; and the welfare of Godhay is to stay with respondent No.2.
20. After considering the medical condition and welfare of Godhay and the submissions made by the learned counsels for the petitioner, Delhi Police, respondent No.2 and learned amicus curiae and the two inquiry reports submitted by the police, this Court is of the view that the custody of Godhay with respondent No.2 at the time of filing of this petition should continue during the pendency of this writ petition. The Primus Hospital is directed to send Godhay in an Ambulance to the residence of respondent No.2 at Panipat. Respondent No.2/her nominee is permitted to accompany Godhay in the Ambulance.
21. Respondent No.2 is directed to keep a round the clock nursing attendant to take care of Godhay. Respondent No.2 shall also ensure that a competent doctor should examine Godhay at least once a week. Respondent No.2 shall ensure the formal mental state evaluation of Godhay by an expert Doctor as suggested by the Police. In case of any emergency, respondent No.2 shall ensure that Godhay is shifted to the hospital. The petitioner is permitted to talk to Godhay by video call once a day between 4:00 PM to 5:00 PM. The respondent No.2 is directed to pick the video call of the petitioner and connect the same to Godhay on daily basis. The petitioner is also permitted to visit Godhay once in a Signature Not Verified Page 21 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18 week. The date and time of the visit shall be communicated by the petitioner's counsel to the respondent's counsel.
22. The DCP (Crime), Delhi Police shall ensure the compliance of this order.
23. It is clarified that nothing recorded herein shall be construed as a final expression on the merits of this case.
24. The order be uploaded on the website of this Court forthwith.
J.R. MIDHA, J.
BRIJESH SETHI, J.
OCTOBER 23, 2020 ak Signature Not Verified Page 22 of 22 Digitally Signed By:RAJENDER SINGH KARKI Signing Date:24.10.2020 16:09:18