Bombay High Court
Arundhati Roy vs Union Of India Through Its Secretary ... on 29 January, 2024
Author: G. S. Kulkarni
Bench: G. S. Kulkarni
10 WPL32477-23.DOC
Mohite
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
TRUSHA
TUSHAR WRIT PETITION (L) NO. 32477 OF 2023
MOHITE
Digitally signed by
TRUSHA TUSHAR
MOHITE
Date: 2024.01.29
Arundhati Roy ... Petitioner
19:07:55 +0530
vs.
Union of India through its Secretary, Ministry of Social Justice
and Empowerment, New Delhi and Anr. ... Respondents
Mr. Tejas Dande a/w Mr.Bharat Gadhavi, Mr.Pratik Sabrad, Mr.Vikrant Khare,
Ms.Janaki Patil i/b M/s.Tejesh Dande and Associates for the Petitioner.
Smt.Jyoti Chavan, Addl.G.P. a/w Mr. Himanshu Takke, AGP for the State.
_______________________
CORAM: G. S. KULKARNI &
FIRDOSH P. POONIWALLA, JJ.
DATED: 29 JANUARY, 2024
_______________________
P.C.
1. Leave to amend to implead the daughter and son of the Petitioner and Mr.Ashok Kumar Roy as party Respondents. Let they be also served and their Affidavits be placed on record before the next date.
2. The Petitioner, who is the wife of Mr.Ashok Kumar Roy, is before this Court contending that her husband, who is aged 75 years, is suffering from dementia. She has annexed to the Petition two Certificates dated 26 th July 2023 and 8th August 2023 of Jagruti Rehabilitation Centre certifying that Mr.Ashok Kumar Roy is suffering from dementia. The Certificate dated 8 th August 2023 also states that Mr.Roy is undergoing treatment in Jagruti Rehabilitation Centre with a combination of medications and ongoing counselling to manage the effect of dementia. He has 24 x 7 medical supervision. It is also stated that he is having forgetfulness, wandering, self- muttering, poor hygiene and aggressive behaviour due to 'severe' grade of dementia. It is stated that currently he is able to walk by himself and eat food Page 1 of 2 29 January, 2024 ::: Uploaded on - 29/01/2024 ::: Downloaded on - 30/01/2024 08:39:45 ::: 10 WPL32477-23.DOC on his own but requires assistance for bathing and wearing clothes and that he has impaired memory, judgment and understanding.
3. The contention of the Petitioner is that she be appointed as the legal guardian of Mr.Ashok Kumar Roy. The Petitioner contends that Mr.Ashok Kumar Roy, who is presently admitted at Jagruti Rehabilitation Centre, having its address at Plot No.37, Sector 5, Siddhi Vinayak, Taloja Phase 1, Navi Mumbai, Maharashtra 410 208 can be examined and his medical condition can be ascertained.
4. At this stage of the proceedings, it is important that the medical condition of Mr.Ashok Kumar Roy, as certified by Jagruti Rehabilitation Centre, be verified and the report to that effect be placed on record.
5. We accordingly direct the Dean, J.J. Group of Hospitals, to constitute the appropriate Medical Board to examine the medical condition of Mr.Ashok Kumar Roy by sending members of the Medical Board to Jagruti Rehabilitation Centre, where he is admitted, and place the report before this Court on or before the adjourned date of hearing.
6. Place the proceedings on 8th February 2024.
7. Parties to act on an authenticated copy of this Order.
(FIRDOSH P. POONIWALLA, J.) (G. S. KULKARNI , J.) Page 2 of 2 29 January, 2024 ::: Uploaded on - 29/01/2024 ::: Downloaded on - 30/01/2024 08:39:45 :::