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2014 Supreme(Mad) 3930

High Court of Judicature at Madras
S. NAGAMUTHU, J.
S. Hariprakash
Versus
The Hon'ble Chief Justice, Madras High Court
Crl.O.P. SR. No.44093 of 2014
Decided on: 31-10-2014

Advocates Appeared:
For the Petitioner: S. Hariprakash, Party-in Person.

The main legal point established in the judgment is the court's authority to order a preliminary medical examination of a person believed to be mentally ill under the provisions of the Mental Health Act, 1987, and the Commissioner of Police's power to take necessary action based on the examination reports.

Headnote:

Mental Illness - Criminal Original Petition - Mental Health Act, 1987 - Sections 2(l), 25, 36 - The court examined a criminal original petition filed by a petitioner who appeared in person and made various allegations against the Chief Justice and others. The court found the petition to lack sense and raised doubts about the mental health of the petitioner. It ordered a preliminary medical examination by two medical experts to assess the petitioner's mental health and directed the Commissioner of Police to take necessary action based on the examination reports. The court also emphasized the need to protect the petitioner's privacy and informed the parents about the proceedings.

Fact of the Case:

The petitioner, appearing in person, filed a criminal original petition making allegations against the Chief Justice and others. The court found the petition lacking sense and raised doubts about the petitioner's mental health.

Finding of the Court:

The court ordered a preliminary medical examination by two medical experts to assess the petitioner's mental health and directed the Commissioner of Police to take necessary action based on the examination reports. It also emphasized the need to protect the petitioner's privacy and informed the parents about the proceedings.

Issues: The main issue was the mental health of the petitioner and the appropriateness of the criminal original petition filed by the petitioner.

Ratio Decidendi: The court's decision was based on the provisions of the Mental Health Act, 1987, particularly Sections 2(l), 25, and 36, which empower the Commissioner of Police to order a preliminary medical examination of a person believed to be mentally ill and take necessary action based on the examination reports.

Final Decision: The criminal original petition was rejected as not maintainable, and the Commissioner of Police was directed to cause a preliminary medical examination of the petitioner by two medical experts and take necessary action based on the examination reports. The court also emphasized the need to protect the petitioner's privacy and informed the parents about the proceedings.

Judgment

1. A study conducted by the "National Commission on Macroeconomics and Health" in 2005 shows that nearly 5% of India's population suffers from common mental disorders, such as depression and anxiety. World Health Organisation (WHO) predicts that 20% of the Indian population will suffer from some form of mental illness by the year 2020. Due to stigma, ignorance and superstition, neither they openly identify themselves as mentally ill nor do their relatives identify them. It is quite common that only when their conduct and behaviour become incorrigible, they are identified and taken for treatment. As the reports go, the number of people who come for treatment is very low and the majority of the mentally ill population go untreated. Rarely, such mentally ill persons file vexatious litigations before Court's of Law, appear in person and waste the valuable time of the Courts. They need to be taken care of by at least the Courts of Law that have the Constitutional obligation to protect their rights. I am impelled to make this prelude as the facts and circumstances of this case absolutely warrant the same. The facts of the case are as follows:

2. The petitioner (Mentally sound ?) is a resident of Alamathi Village in Thiruvallur District. He has made appearance before this Court in person. He has come up with this criminal original petition with the following prayer:

Respectfully prayed that this Hon'ble Court may be pleased to issue a U/s 482 for directing The Central Bureau of Investigation to conduct an enquiry with regard to the petitioner Public Interest Litigation case filing is very delay, wasting the valuable petitioner time of the PIL case and destroyed at Madras High Court, Chennai - 104.

Petitioner Written Complaints requiring Hon'ble Chief Justice Enquiry. The enquiry report should be prepared and submitted to Government within 24 hours from the date of the complaint positively. The report should invariably contain information of the following:- The facts and given circumstances in PIL case, the nature of the PIL case, the manner in which it was planned and committed, the motive for commission of the filing, the conduct of the petitioner, the nature of records used and all other attending circumstances are relevant facts which would enter into the area of consideration. Public Interest Litigation physically disabled petitioner written complaints failure to attend the enquiry in Hon'ble Chief Justice at Madras High Court, Chennai - 600 104. So petitioner request was rejected in Hon'ble Chief Justice at Madras High Court, Chennai - 104.

Therefore respondent is an attempt to suppress the Public Murders case investigation and destroyed the Public Interest Litigation case records. Wasting the valuable petitioner time of the PIL case. Respondent to response our duty and delay. Respondent can't get off to law. This condition to disturbance of the Fundamental Right guaranteed Under Article 21 of the Constitution. Pass "Such other further order or orders as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. (sic)

3. This petition was filed on 28.08.2014. The Registry of this Court returned the same with the following remarks on 11.09.2014:

1. This petition is returned for want of proper presentation.

2. Prayer to be revised in this petition.

4. Having taken the petition back, the petitioner re-presented the said petition with the following remarks on 11.09.2014:

Return is done

5. The petition was again returned by the Registry with the following remarks on 15.09.2014:

How this petition is maintainable u/s.482 of Cr.P.C. Hence petition is returned.

6. The petitioner has taken back the petition and again re-presented the same on 15.09.2014, with the following remarks:

The Code of Criminal Procedure u/s.482 saving of inherent power of High Court.

So, Petitioner PIL case The Article 226 of the Constitution of India is non-issue in Writ Section at Madras High Court, Chennai-104.

Return is done.

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