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IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA
Hon'ble Judges: M. Srinivasan, C.J. and A.L. Vaidya, J.
H.P. High Court Legal Aid Committee – Appellants
Vs.
State of H.P. and Ors. – Respondent
Civil Writ Petition No. 1165 of 1996
Decided On: 19.05.1997
MENTAL HEALTH ACT - SECTIONS 37, 39, 77 - COMPLIANCE - DIRECTIONS - COURT ANALYSIS AND CONCLUSION - DIRECTIONS ISSUED TO THE STATE GOVERNMENT TO ESTABLISH A MENTAL HOSPITAL IN SHIMLA WITHIN TWO YEARS - TILL THEN, ARRANGEMENTS TO BE MADE TO SEND MENTALLY ILL PATIENTS TO RANCHI AND BENARAS OR TO A SEPARATE WARD IN INDIRA GANDHI MEDICAL COLLEGE AND HOSPITAL, SHIMLA - JUDICIAL MAGISTRATES TO SUBMIT QUARTERLY REPORTS ON MENTALLY ILL PERSONS BROUGHT BEFORE THEM - REGULATIONS TO BE FRAMED UNDER SECTION 77 OF THE ACT - POLICE OFFICERS TO COMPLY WITH SECTIONS 23 AND 25 OF THE ACT.
Fact of the Case:
A writ petition was filed seeking directions to the State Government to comply with the provisions of the Mental Health Act, 1987, particularly Sections 37, 39, and 77, and to establish a mental hospital in Shimla.
Finding of the Court:
The Court found that the State Government had not complied with the provisions of the Act and had not taken adequate steps to establish a mental hospital in Shimla. The Court also found that the Judicial Magistrates were not submitting quarterly reports on mentally ill persons brought before them, as required by the Act.
Issues: 1. Whether the State Government had complied with the provisions of the Mental Health Act, 1987, particularly Sections 37, 39, and 77? 2. Whether the State Government had taken adequate steps to establish a mental hospital in Shimla? 3. Whether the Judicial Magistrates were submitting quarterly reports on mentally ill persons brought before them, as required by the Act?
Ratio Decidendi: The Court held that the State Government had not complied with the provisions of the Act and had not taken adequate steps to establish a mental hospital in Shimla. The Court also held that the Judicial Magistrates were not submitting quarterly reports on mentally ill persons brought before them, as required by the Act. The Court further held that the State Government was obligated to establish a mental hospital in Shimla within two years and to make arrangements to send mentally ill patients to Ranchi and Benaras or to a separate ward in Indira Gandhi Medical College and Hospital, Shimla, till then.
Final Decision: The Court issued directions to the State Government to establish a mental hospital in Shimla within two years and to make arrangements to send mentally ill patients to Ranchi and Benaras or to a separate ward in Indira Gandhi Medical College and Hospital, Shimla, till then. The Court also directed the Judicial Magistrates to submit quarterly reports on mentally ill persons brought before them and directed the Director General (Prisons) to ensure that police officers comply with the requirements of Sections 23 and 25 of the Mental Health Act.
M. Srinivasan, C.J.
1. By order dated 13-11-1996 this Court issued directions to the Secretary (Home) to the Government of Himachal Pradesh to file an affidavit whether the provisions of Section 39 are being complied with or not. It was also recorded in that order that the State Government had appointed visitors under Section 37 of the Act by notification dated 21 -5-1996 but the notification was not in accordance with the provisions of the Act After setting out the directions given by the Supreme Court in he order dated 17-8-1993, the Court directed the Secretary (Home) to he Government of Himachal Pradesh to state in his reply affidavit, besides supplying other information called for in the order as to what steps have been taken for the implementation of directions (a) and (c) of the Supreme Court. With reference to direction (e), the Registrar of this Court was directed to place the matter before the Chief Justice for issuing necessary directions to the Judicial Magistrates to send reports every quarter to the High Court setting out the number of cases sought to be screened and sent to the places of safe custody and action taken by the Judicial Magistrates thereon.
2. Pursuant thereto, the Registrar got Administrative orders of the Chief Justice and issued directions to the Judicial Magistrates. In turn they have sent their reports which are placed in 'B' part of the record,
3. By order dated 22-4-1997 the Court recorded that it had impressed upon the Secretary (Health) that the establishment of Psychiatric Hospital in the State is a statutory obligation of the Government and it should perform the same at the earliest The Court had also noticed that in the affidavit filed by the Secretary (Home) to the Government it was stated that the Government had already taken a policy decision and issued detailed order on 6 12-1995 to set up Psychiatric Hospital at Shimla by converting the existing Isolation Hospital located at Shimla into Psychiatric Hospital by making necessary modifications for which an amount of Rs 10 lacs was provided in the budget for the year 1996-97 and further steps were also being taken. The Court directed the Secretary (PWD) to the Government of Himachal Pradesh to file an affidavit within a period of three weeks therefrom stating the stage of necessary modifications being done in place of the Isolation Hospital, Shimla to convert it into Psychiatric Hospital and also probable Dime taken for completing it so that the Psychiatric Hospital may be started The Court also found that the Member Secretary of Himachal Pradesh Mental Health Authority had not complied with our order dated 13-11-1996 by filing an affidavit in his individual capacity.
4. Thereafter, and affidavit has been filed by the Financial Commissioner-cum-Secretary (PWD) to the Government of Himachal Pradesh on 13-5-1997 It is stated therein that for setting up Psychiatric Hospital at Shimla the Public Works Department is the executing agency for the Department of Health and the existing building of the Isolation Hospital is nearly 100 years old and in the technical opinion of the Department it is not suitable for conversion into a modern Psychiatric Hospital. It is also stated that to meet the requirements of the Health Department, preliminary estimates were prepared for which Administrative approval and expenditure sanction was accorded by the Secretary (Health) to the Government of Himachal Pradesh on 29 3-1997 for Rs. 1,02,64,000 for the year 1996- 97 and there was a budget provision of Rs 10 lacs which had been utilised for booking materials It has further been stated that for the current financial year the provision is Rs 12 lacs.
5. The Financial Commissioner-cum-Secretary (Health) to the Government of Himachal Pradesh filed an affidavit on. 13-5-1997, It is stated in paragraph 4 of the said affidavit that a sum of Rs 10 lacs was provided during the years 1996 97 and a sum of Rs. 12 lacs stands earmarked in the budget during the year 199
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