Delhi High Court - Orders
Om Singh vs State on 27 May, 2020
Author: Vibhu Bakhru
Bench: Vibhu Bakhru
$~8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL.) 2012/2019
OM SINGH ..... Petitioner
Through: Mr Roshan Lal Saini, Advocate.
versus
STATE ..... Respondent
Through: Ms Kamna Vohra, ASC for State.
CORAM:
HON'BLE MR. JUSTICE VIBHU BAKHRU
ORDER
% 27.05.2020 [Hearing held through video conferencing] CRL.M.A.6836/2020
1. The petitioner has filed an application praying that the above captioned petition be heard at an earlier date.
2. For the reasons stated in the application, the same is allowed. W.P.(C) 2012/2019
3. The petitioner has filed the above captioned petition impugning an order dated 02.04.2019, whereby the petitioner's request to be transferred to a semi open jail was rejected. A plain reading of the said order indicates that the petitioner's request had been rejected for the reason that he had been diagnosed with 'Adjustment Disorder Symptoms'. It also appears that the said conclusion was based on a Psychological Assessment Report dated 18.02.2019. A copy of the said report had not been placed on record.
4. Mr Saini, learned counsel appearing for the petitioner submits that the said diagnosis is incorrect and the petitioner is not suffering from any psychological or mental disorder.
5. The nominal roll indicates that as on 08.03.2020, the petitioner had undergone custody for a total period of 28 years 10 months and 05 days and during the said period had also earned remission of 06 years 09 months and 03 days. The nominal roll also indicates that the petitioner was released on parole and furlough on several occasions. Apart from one occasion when the petitioner had overstayed his parole and there is no other allegation that he had not complied with the conditions of his furlough/parole.
6. In the given circumstances, this Court directs the respondents to produce all relevant material on the basis of which it had been concluded that the petitioner suffers from 'Adjustment Disorder Symptoms'.
7. Ms Vohra, learned ASC appearing for the State shall also take instructions whether a Medical Board could be constituted to examine whether the petitioner is suffering from any psychological or mental disorder.
8. List for further proceedings on 16.06.2020.
VIBHU BAKHRU, J MAY 27, 2020 MK