Delhi High Court - Orders
Nirmala Valecha & Anr vs State (Govt Of Nct Of Delhi) & Ors on 12 December, 2025
Author: Sachin Datta
Bench: Sachin Datta
$~39
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 18914/2025
NIRMALA VALECHA & ANR. .....Petitioners
Through: Mr. N. Hariharan, Sr. Advocate along
with Ms. Rashmeet, Ms. Amaan
Shreyas, Ms. Punya Rekha Angara,
Ms. Vasundhara N, Mr. Aman
Akhtar, Ms. Vasundhara Raj Tyagi,
Mr. Manish Kumar and Mr. Arjan
Singh Mandla, Advocates.
versus
STATE (GOVT OF NCT OF DELHI) & ORS. .....Respondents
Through: Mr. Tushar Sannu, Advocate (SC for
IBHAS) along with Mr. Parvin
Bansal, Advocate for R-3 (through
VC).
CORAM:
HON'BLE MR. JUSTICE SACHIN DATTA
ORDER
% 12.12.2025 CM APPL.78760/2025 (Exemption from disclosure of the identity of the person with mental illness)
1. Allowed, subject to all just exceptions.
2. The application stands disposed of.
W.P.(C) 18914/2025
3. The present petition has been filed by the petitioners seeking the following prayers:-
a. Issue a writ of mandamus or any other appropriate writ, order or direction, ordering and directing the Respondents Direct the SHO, Police Station Malviya Nagar, to immediately visit the premises bearing no. G- 13/3, Malviya Nagar, New Delhi - 110017 accompanying female police personnel and to take Ms. X under protection under the provisions of This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 21:26:14 Healthcare Act, 2017 to ensure her safe transportation to the appropriate mental health establishment, i.e., Institute of Human Behaviour & Allied Sciences (IHBAS), for immediate psychiatric intervention;
b. Issue a writ of mandamus or any other appropriate writ, order or direction, ordering and directing the Respondents take necessary steps, including breaking open the locked door if required, under Sections 100 and 101 of the Mental Healthcare Act, 2017, using minimum and reasonable force, to safely secure and rescue the patient Ms. X;
c. Issue a writ of mandamus or any other appropriate writ, order or direction, ordering and directing the Direct the Director/Medical Superintendent, IHBAS, to immediately admit the patient Ms. X under Sections 89 and/or 90 of the Mental Healthcare Act, 2017, for urgent psychiatric evaluation, crisis assessment, inpatient care, stabilization and treatment;
d. Issue a writ of mandamus or any other appropriate writ, order or direction, ordering and directing IHBAS to conduct a detailed clinical evaluation, initiate appropriate medication and treatment protocols, and submit a status/assessment report to this Hon'ble Court within a time- bound period.
e. Issue a writ of mandamus or any other appropriate writ, order or direction, ordering and directing MMHU (Mobile Mental Health Unit) of IHBAS, the local police officials of PS Malviya Nagar, and the Petitioner's to coordinate with each other to ensure smooth, safe, and humane execution of the rescue, removal and admission process of Ms.X;
f. Pass any further or other orders as this Hon'ble Court may deem fit and proper in the interest of justice."
4. By way of the present petition, the petitioners raise a concern that one Ms.X (aged 38 years) i.e., daughter of petitioner no.1 and sister of petitioner no.2 is allegedly suffering from a life-threatening mental health crisis. It is stated that Ms. X has been residing with the petitioners and they are the primary caregivers and persons responsible for her day-to-day care and safety.
5. Learned senior counsel on behalf of the petitioner submits that Ms. X is a documented case of "Acute Transient Psychotic Disorder" (diagnosis This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 21:26:14 certificates are annexed as Annexure-4) with a history of violent aggression, paranoid ideations, loss of insight, social withdrawal and refusal of medication. It is further submitted that despite prior hospitalization and temporary improvement following counselling and treatment, Ms.X has suddenly relapsed into a severe psychotic state wherein she is isolating herself inside a locked portion of the residence, refusing food, medication and ceasing all communication.
6. Therefore, in the light of the aforementioned hazardous and unpredictable behaviour exhibited by the Ms.X, the petitioners apprehend that there exists an imminent danger to Ms. X and also to the petitioners and the other family members including a minor child (son of petitioner no.2) residing in the same household.
7. It has been pointed out that petitioners have repeatedly approached and escalated the matter to the Police Station Malviya Nagar, the DCP and the Mobile Mental Health Unit (MMHU) of Institute of Human Behaviour & Allied Sciences (IHBAS). In terms of representation dated 12.11.2025 of the petitioners, on 17.11.2025, MMHU IBHAS team led by Dr. Swati Jawla, accompanied by the police officials visited the residence of the petitioners However, it is stated that Ms. X refused to cooperate, and thus on account of safety concerns the concerned authorities were compelled to abandon the rescue.
8. In the circumstances, the present petition is filed seeking urgent orders to prevent a potential mishap.
9. Issue notice.
10. Learned counsel, as aforesaid, accepts notice on behalf of the respondent no.3 (IBHAS).
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 21:26:14
11. Let notice be issued to the respondent no.1, through all permissible modes, including electronically and also through Mr. Sameer Vashisht, learned Standing Counsel for the Government of NCT of Delhi (GNCTD).
12. Let notice be issued to the respondent no.2, through all permissible modes, including electronically and also through Mr. Ashish K. Dixit, learned Central Government Standing Counsel (CGSC).
13. Considering the facts narrated in the petition and having perused the provisions of the Mental Healthcare Act, 2017, inter-alia, Sections 90, 91, 100 and 101 thereof, the following directions are issued:-
i. The Station House Officer (SHO), Police Station Malviya Nagar/respondent no.2, is directed to visit the concerned premises i.e., G-13/3, Malviya Nagar, New Delhi, with accompanying female police personnel. If the concerned SHO, in terms of Section 100 (1)(b) of the Mental Healthcare Act, 2017 1 has reason/s to believe that Ms. X is a risk to herself and/or to others, requisite steps shall made to take Ms. X under their protection;
ii. Ms. X shall immediately thereafter be taken to IBHAS where necessary arrangements will made for her medical/mental examination by any Senior Mental Healthcare Professional/s and requisite steps as contemplated under Section 100(5), 101, and/or other provisions of the Mental Healthcare Act, 2017 shall be duly undertaken depending upon diagnosis of the concerned Senior Mental 1
100. Duties of police officers in respect of persons with mental illness.--(1) Every officer in charge of a police station shall have a duty--
(a) to take under protection any person found wandering at large within the limits of the police station whom the officer has reason to believe has mental illness and is incapable of taking care of himself; or
(b) to take under protection any person within the limits of the police station whom the officer has reason to believe to be a risk to himself or others by reason of mental illness.
This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 21:26:14 Healthcare Professional/s.
iii. Further steps as may be mandated under Section 89 and/or 90 of Mental Healthcare Act, 2017, shall be taken by IBHAS.
14. Mr. Tushar Sannu, learned counsel appearing for the respondent no.3 is directed to coordinate with IBHAS for implementation of the aforesaid directions.
15. Let a status report be filed within a period of two weeks from today.
16. List on 19.01.2026.
17. A copy of this order be given dasti under the signature of Court Master.
SACHIN DATTA, J DECEMBER 12, 2025/r This is a digitally signed order.
The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 12/12/2025 at 21:26:14