$~39 * IN THE HIGH COURT OF DELHI AT NEW DELHI + W.P.(C) 18914/2025 NIRMALA VALECHA & ANR. .....Petitioners Through: Mr. N. Hariharan, Sr. Advocate along with Ms. Rashmeet, Ms. Amaan Shreyas, Ms. Punya Rekha Angara, Ms. Vasundhara N, Mr. Aman Akhtar, Ms. Vasundhara Raj Tyagi, Mr. Manish Kumar and Mr. Arjan Singh Mandla, Advocates.

versus STATE (GOVT OF NCT OF DELHI) & ORS. .....Respondents Through: Mr. Tushar Sannu, Advocate (SC for IBHAS) along with Mr. Parvin Bansal, Advocate for R-3 (through VC).

CORAM:

HON'BLE MR. JUSTICE SACHIN DATTA

O R D E R

% 12.12.2025 CM APPL.78760/2025 (Exemption from disclosure of the identity of the person with mental illness)

1. Allowed, subject to all just exceptions.

2. The application stands disposed of.

W.P.(C) 18914/2025

3. The present petition has been filed by the petitioners seeking the following prayers:-

a. Issue a writ of mandamus or any other appropriate writ, order or direction, ordering and directing the Respondents Direct the SHO, Police Station Malviya Nagar, to immediately visit the premises bearing no. G- 13/3, Malviya Nagar, New Delhi – 110017 accompanying female police personnel and to take Ms. X under protection under the provisions of Healthcare Act, 2017 to ensure her safe transportation to the appropriate mental health establishment, i.e., Institute of Human Behaviour & Allied Sciences (IHBAS), for immediate psychiatric intervention;

b. Issue a writ of mandamus or any other appropriate writ, order or direction, ordering and directing the Respondents take necessary steps, including breaking open the locked door if required, under Sections 100 and 101 of the Mental Healthcare Act, 2017, using minimum and reasonable force, to safely secure and rescue the patient Ms. X;

c. Issue a writ of mandamus or any other appropriate writ, order or direction, ordering and directing the Direct the Director/Medical Superintendent, IHBAS, to immediately admit the patient Ms. X under Sections 89 and/or 90 of the Mental Healthcare Act, 2017, for urgent psychiatric evaluation, crisis assessment, inpatient care, stabilization and treatment;

d. Issue a writ of mandamus or any other appropriate writ, order or direction, ordering and directing IHBAS to conduct a detailed clinical evaluation, initiate appropriate medication and treatment protocols, and submit a status/assessment report to this Hon’ble Court within a time-

bound period.

e. Issue a writ of mandamus or any other appropriate writ, order or direction, ordering and directing MMHU (Mobile Mental Health Unit) of IHBAS, the local police officials of PS Malviya Nagar, and the Petitioner’s to coordinate with each other to ensure smooth, safe, and humane execution of the rescue, removal and admission process of Ms.X; f. Pass any further or other orders as this Hon’ble Court may deem fit and proper in the interest of justice.”

4. By way of the present petition, the petitioners raise a concern that one Ms.X (aged 38 years) i.e., daughter of petitioner no.1 and sister of petitioner no.2 is allegedly suffering from a life-threatening mental health crisis. It is stated that Ms. X has been residing with the petitioners and they are the primary caregivers and persons responsible for her day-to-day care and safety.

5. Learned senior counsel on behalf of the petitioner submits that Ms. X is a documented case of “Acute Transient Psychotic Disorder” (diagnosis certificates are annexed as Annexure-4) with a history of violent aggression, paranoid ideations, loss of insight, social withdrawal and refusal of medication. It is further submitted that despite prior hospitalization and temporary improvement following counselling and treatment, Ms.X has suddenly relapsed into a severe psychotic state wherein she is isolating herself inside a locked portion of the residence, refusing food, medication and ceasing all communication.

6. Therefore, in the light of the aforementioned hazardous and unpredictable behaviour exhibited by the Ms.X, the petitioners apprehend that there exi