The court can provide total support and appoint a guardianship committee for individuals unable to express their wishes, ensuring their rights under the Medical Healthcare Act and Rights for Persons with Disabilities Act.

JUDGMENT :

Prathiba M. Singh, J.

1. This hearing has been done through hybrid mode.

2. The present petition initially was filed by the Petitioner- Dr. Rich Dhamija under Article 226 of the Constitution of India r/w Section 528 of the Bharatiya Nagrik Suraksha Sanhita (‘ BNSS ’) seeking a writ in the nature of habeas corpus for production of a family friend of the Petitioner i.e., Dr. Kamal Kumar Rattan.

3. The Petitioner had alleged that Dr. Rattan is in illegal confinement and is being physically and mentally abused by his family members. The prayer in this writ petition was for physical production of Dr. Rattan before this Court.

4. When the matter was initially listed on 18th July, 2024, the Court had issued notice and had observed that though Dr. Rattan had joined virtually, he was unable to answer any query put up by the Court. On the said date, Mr. Sanjay Lao, ld. Standing Counsel had placed some preliminary submissions on record alleging that there were various persons, who were involved in using the movable and immovable assets of Dr. Rattan. Certain individuals namely Mr. Vishal Sood, Mr. Tola Kant Pandey and Mr. Satish Kumar had taken away substantial amounts of money from Dr. Rattan. Considering the submissions made on the said date, the Court directed the production of Dr.Rattan in Court on the next date of hearing.

5. On 23rd July, 2024, Dr. Rattan was produced before the Court and he was accompanied by three of his family members i.e., two nieces and a nephew (Ms. Taruna Singh, Ms. Neena Bhattacharjee and Mr. Bhraman Rattan). Dr. Rattan himself does not have any spouse or children. After interaction on the said date, the Court had observed as under:

“3. Dr. Kamal Kumar Rattan has been produced before this Court physically pursuant to the direction given on the last date of hearing. He is approximately 82 years of age and has come to the Court on a wheelchair. There are various relatives who have come along with him including Ms. Taruna Singh, Ms. Neena Bhattacharjee and Mr. Bhraman Rattan, who are stated to be his nieces and nephews respectively.

4. This Court has tried to interact with Dr. Rattan. However, apart from a few words and gestures, he is unable to respond to any of the queries being put by this Court. This Court has been informed by Ms. Taruna Singh (niece of Dr. Rattan) that he has been diagnosed with Vascular Cognitive Impairment and some medical records have been produced.

5. In addition the Court has been informed that Dr. Rattan stays alone with a caretaker and his family in his farmhouse. The family members state that they visit him regularly. He is also owning substantial moveable and immoveable assets as per the submissions made in this case on the last date and even today. There are allegations of certain persons having taken away substantial sums of money from him running into crores of rupees. In his interactions today, he is trying to communicate with the Court but is unable to do so.”

6. As can be see