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IN THE HIGH COURT OF BOMBAY AT GOA
U.V. BAKRE, J.
Aleixo Arnolfo Pereira - Petitioner
Versus
Joao C. Pereira & Another - Respondents
Criminal Writ Petition No. 113 of 2014
Decided On : 12-01-2015
Mental Health Act - Jurisdiction - Sections 2(h), 2(i), 2(j), 2(k), 2(l), 2(q), 20, 21, and 22 - The court quashed the application seeking reception order under Section 20 of the Mental Health Act, 1987, as the respondent had no locus standi to file the application, and the proceedings were an abuse of the process of law.
Fact of the Case:
The petitioner sought to quash an order issuing notice to him and an application seeking reception order under Section 20 of the Mental Health Act, 1987, alleging mental illness and necessity of being quarantined in a psychiatric hospital.
Finding of the Court:
The court found that the respondent had no locus standi to file the application, and the proceedings were an abuse of the process of law. The application was not in the prescribed form, lacked verification, and was not accompanied by required medical certificates.
Issues: The issues revolved around the jurisdiction of the court to entertain the application under Section 20 of the Mental Health Act, the compliance with prescribed procedures, and the locus standi of the respondent to file the application.
Ratio Decidendi: The court held that the respondent had no locus standi to file the application, and the proceedings were an abuse of the process of law. The application did not comply with the prescribed form, verification, and medical certificate requirements.
Final Decision: The court quashed the order and the application seeking reception order under Section 20 of the Mental Health Act, 1987, and dropped the proceedings in Criminal Case No. 702/OA/MA/14/E.
1. Heard Mr. Vales, learned Counsel for the petitioner and Mr. Menezes, learned Counsel for the respondent no. 1.
2. Rule. Rule made returnable forthwith. By consent, heard forthwith.
3. By this petition filed under Article 227 of the Constitution of India and Section 482 of the Code of Criminal Procedure (Cr.P.C.), the petitioner has prayed for quashing and setting aside the order issuing notice to him through his next friend and notice to respondent no. 2 to file reply in the Criminal Case No. 702/OA/MA/14/E, passed by learned Judicial Magistrate, First Class at Margao (J.M.F.C., for short) and also for quashing the application dated 29/09/2014 seeking reception order under Section 20 of Mental Health Act, 1987 (M. H. Act, for short) as also the said Criminal Case No. 702/OA/MA/14/E.
4. The respondent no. 1 has filed the said application under Section 20(4) read with Section 22 of M. H. Act which has been registered as Criminal Case No. 702/OA/MA/14/E. The respondent no. 1 has alleged as under:
Upon the directions of the J.M.F.C. at Margao dated 19/09/2013 in Crime No. 48/2013 registered at Colva Police Station, upon the complaint of Ex-Sarpanch of Majorda, Miss Laxmi Gonsalves, the petitioner was examined by a panel of Doctors appointed by Dean of Goa Medical College, Bambolim and report was prepared and submitted before the J.M.F.C. after examining the petitioner on 20/09/2013 at Hospicio Hospital, Margao. As per the said medical report, the petitioner has been found of necessity of being quarantined in the Institute of Psychiatric and Human Behaviour (IPHB) for his mental disposition. As such, wife of the petitioner is made party as respondent no. 1 to defend the rights of the petitioner. The petitioner has been filing false complaints and attacking innocent persons in the village of Utorda, Majorda and Calata and criminal cases are registered against him (The respondent no. 1 has named altogether 11 crimes registered at various police stations against the petitioner). The petitioner is presently out on regular bail granted by J.M.F.C., Margao under the terms and conditions dated 21/09/2013 which are openly being violated by the petitioner which shows that he suffers from mental disability necessitating urgent action in the matter. After the submission of medical report by a panel of Doctors and on 17/10/2013 at about 5.25 p.m., the petitioner made an attempt on the life of Silvestre Vaz. It is also stated that said Silvestre Vaz filed representations before the Assistant Director of Transport, South Goa, Margao requesting the Transport Department to revoke/suspend the driving licence of the petitioner, but no action has been taken against him and the petitioner continues to drive his cars in a rash and negligent manner thereby posing vivid threat to the lives of innocent public members using the said public road. The petitioner has now begun continuously circulating derogatory, defamatory, intimidating, character assassinating SMSs and Emails in the society in the name of his mother Lilia Martins Pereira against the respondent no. 1 and his family members and complaints have been filed, in this regard. On 12/06/2014, the petitioner made an attempt to run over his vehicle over Ex-Sarpanch Laxmi Gonsalves, due to which F.I.R. No. 93/2014 has been registered. The petitioner also went to attack the Manager of Corporation Bank, Utorda Branch namely Shri Shivanand Gaunkar, due to which F.I.R. No. 92/2014 has been registered. The respondent no. 1 had filed an application before the Collector, South Goa, Margao under Section 144 of Cr.P.C. The Additional Collector, vide letter dated 04/09/2014, informed the respondent no. 1 that he could seek an efficacious remedy under the provisions of M. H. Act. Therefore, the respondent no. 1 is filing the present application. The respondent no. 1 prayed that an appropriate reception order be passed directing Verna Police to take the petitioner into custody and admit him at IPHB,
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