The court exercised its parens patriae jurisdiction to issue urgent directions appointing an interim guardian for a person incapable of making decisions due to deteriorating physical and mental condition.

JUDGMENT

Prathiba M. Singh, J.:-- (Oral)

1. This hearing has been done through hybrid mode.

2. This matter has been mentioned today at 10.30.am, by the ld. Senior Counsels who have informed the Court that the DMP has been admitted to Apollo Hospital yesterday evening and his physical condition has deteriorated. When asked as to who the treating doctor of the DMP in Apollo Hospital is, the Court is informed that the DMP is under the care of Dr. Sandeep Guleria. The matter was then listed for 2.30 pm.

3. The Court thereafter interacted with Dr. Sandeep Guleria to enquire about the medical condition of the DMP. The court was informed that the DMP’s condition last night was quite serious. His oxygen levels were low and he is currently in ICU, but stable. His condition may improve by tomorrow was the doctor’s assessment.

Medical condition of the DMP

4. The present petition is being heard by this Court since February 2021. Directions have been issued in the matter from time to time by the Court. The Court has also interacted with the DMP on 2nd June, 2021 through video-conferencing in the presence of the Court Commissioner - Ms. Pinki, Former District Judge.

5. As recorded in order dated 2nd June, 2021, the DMP was unable to respond to any of the questions put by the Court. The observations of the Court on the said date are set out below:

“3. Through the video conference link which was generated by the Court Master, the Court has attempted to interact with the DMP. However, the DMP is unable to respond to any of the questions which have been put by the Court. When asked as to with whom he is living, the response of the DMP was that he is living with Bhagwan and he is unable to answer any questions relating to his daily routine. On being queried as to how many children he has, he initially said 6 and then 5. He is also unable to state as to whether his children are sons or daughters or name them. When asked as to who is his wife, he said that he has one wife and her name was initially stated to be `Pani’ and thereafter he said `Madam’.

4. Mrs. Uma Devi also joined the hearing online in the presence of the Court Commissioner. She was initially asked about the daily routine of the DMP. She is fully aware of the daily routine including the medicines being administered to him on a daily basis. She has informed the Court about the DMP’s daily routine. She states that the first time she noticed a change in the behaviour of the DMP was in May, 2018 when he was admitted in AIIMS. At that time, though he was broadly okay, he used to repeat his sentences. He is 81 plus and Dr. Kameshwar Prasad, Neurologist, AIIMS, was consulted at that time. Since then, there has been a change in behaviour. However, in December, 2020, he suffered an asthmatic attack and was again admitted in AIIMS. Subsequently, he was admitted to Apollo Hospital, developed pain on the right side and an angiography was conducted which revealed some blockages in the heart. Open-heart surgery was performed by Dr. Nanda. According to Mrs. Uma Devi, the DMP’s physical and mental condition improved substantially after the open-heart surgery and he started walking also. In July, 2020, however he contracted Covid and after his treatment of Covid, he seems to have lost a substantial part of his memory. In October, 2020 he again suffered an asthmatic attack. In February, 2021, his oxygen levels were dropping and he was accordingly admitted to Apollo hospital and after various tests were conducted, he was discharged. The medicines to be given to him were also confirmed by the doctors. Currently, he is comfortably staying at home.”

The court had, on 2nd June 2021 also issued directions permitting Mrs. Satula Devi to visit the DMP in his residence and the LC was permitted to be present during the said visit and submit a report.

6. The Court Commissioner, appointed vide order dated 28th May, 2021 , to ascertain the actual condition of the DMP, keeping in mind his age and the health reports, visited t