Law: Mental Health Ordinance, 2001

Section: 29

Law: Criminal Procedure Code (V of 1898)

Section: 491

(a) Mental Health Ordinance (VIII of 2001)---S. 29---Criminal Procedure Code (V of 1898), S. 491---Habeas corpus---Detenu sought to be declared mentally disordered---Scope and one of the respondents were real brothers and sister alleged that their father who was residing with respondent for the last 34 years lost his mental balance, as such, respondents illegally confined him and even stopped them from meeting him filed a habeas corpus petition before Sessions Judge---Sessions Judge, after recording statement of the alleged detenu, dismissed the petition while observing that the detenu was enjoying good physical and mental health were aggrieved of said observation and sought its expunction---Validity---High Court observed that Mental Health Ordinance, 2001, was a special law and its application was limited to the subjects dealt by it---Court of Protection might not necessarily have jurisdiction over every matter involving a mentally disordered person---No exception could be taken to the impugned observations of the Sessions Judge for two reasons: firstly, the Mental Health Ordinance, 2001, did not apply to the present case as the proceedings were under S. 491, Cr.P.C. and not under S. 29 of the Mental Health Ordinance, 2001; proceedings did not involve question of appointment of guardian of detenue or any other matter covered by the Mental Health Ordinance, 2001; secondly, petitioner had taken a specific plea in his habeas corpus petition that the detenu was mentally disordered and respondents had wrongfully confined him---Sessions Judge was under bounden duty to decide both the issues and for that purpose he was required to engage with the detenu when he was brought before him to form an opinion about his mental health and then record his statement---Sessions Judge adopted the very course and the impugned observation was a part of those proceedings--Documents produced by the respondents show that the petitioners were in a dither ever since he transferred one of his properties to his daughter and were going all out to get him declared paranoid so that he could be stopped from making further alienations---Constitutional petition was dismissed with costs. (b)…

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