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2026 Supreme(Online)(Ker) 10803

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Devan Ramachandran, M.B.SNEHALATHA, JJ
The High Court Legal Aid Committee – Appellant
Versus
The State of Kerala – Respondent
IA NO.2/2026 IN 0.P. 16667/1996(S)



For the Appellants/Petitioners:
For the Respondents:Sri.N.Manoj Kumar, Sri.K.R.Renjith, Sri.Benjamin Paul, Advocate Sri.M.R.Rajendran Nair (senior), Deputy Solicitor General of India, Special Govt. Pleader (Taxes), Special Govt. Pleader (Finance), Adv. Sri.M.Ajay, Advocates Smt.N.N.Girija, P. Vijayamma, Molly Jacob, Prabha R. Menon, Adv.Laji Sam Zachariah, Sri.Dinesh Rao, Smt.Athira A.Menon, Advocates Sri.V.Ramkumar Nambiar & Smt.Sathyashree Priya Easwaran (Amici Curiae)

The court directed a comprehensive safety audit of mental health facilities to prevent patient-related incidents and improve overall security protocols.

Headnote:The judgment centers on a public interest litigation guided by the Supreme Court concerning the operational oversight of mental health facilities. The court directed an audit of safety protocols following an incident where a patient escaped and caused harm. The court's findings emphasize the need for immediate reforms and enhanced security in these centers. The core issues framed include accountability in patient management and the adequacy of current protections. The court, acknowledging grave concerns, mandates various governmental bodies to conduct inquiries and improve safety measures. The court's final directive includes submitting detailed reports and ensuring future protection against similar incidents.

Table of Content
1. need for public interest action due to recent incidents in mental health facilities. (Para 1 , 2)
2. court emphasizes immediate reforms and safety audits. (Para 3 , 4)
3. directives for accountability and inquiry into healthcare practices. (Para 5 , 6)

ORDER

The learned Amici Curiae - Sri.V.Ramkumar Nambiar and Smt.Sathyashree Priya Easwaran, bring, through this application, a matter of vital public involvement.

2. Rather shockingly, a person declared to be in need of care, appears to have escaped from the Mental Health Centre, Thrissur; and then vanished into the darkness of the night, to attack three people and injure them grievously. It is a matter of providence that none of the injured persons are now in the danger zone; but it is for no fault of theirs, that they have been subjected to this trauma.

3. The learned Amici Curiae, in paragraph 2 of this application, have posed certain very pertinent questions, which certainly engage our minds also, not merely when told about this incident, but even otherwise. Something like this to happen in future is one that we were always apprehensive about, especially when the security situation in the Mental Health Centres has not been properly verified or audited for a long time. In fact, this Court has initiated another application for various purposes, including this.

4. No doubt, the situation presented is very grave and requires to be dealt with immediately. No delay can be brooked, particularly when dealing with people who have no control over their actions.

5. Sri.K.R.Ranjith - learned Government Pleader, sought a few days' time to respond to this application, as also to answer the questions posed by the learned Amici Curiae.

6. We propose to accede to the afore request; but are certain that we cannot wait for answers to come.

We, consequently, issue the following directions:

(a) We implead the State of Kerala, represented by Secretary of Health and Family Welfare Department, Secretariat, Thiruvananthapuram - 695 001; the Director, Directorate of Health Services, Thiruvananthapuram; the District Medical Officer, Thrissur; the State Police Chief, DGP Office, Vazhuthacadu, Thiruvananthapuram; the District Police Chief, Thrissur and the Superintendents, Mental Health Centres, Thiruvananthapuram, Thrissur and Kozhikode as respondents.

(b) Sri.K.R.Ranjith - learned Government Pleader, will respond to the contents of this application and specifically the questions posed by the learned Amici Curiae, by the next posting date, through an affidavit to be sworn to by a competent Authority/Authorities.

(c) We direct the respondent - Director of Health Services, in concurrence with the other officers, to conduct a safety audit of all the three Mental Health Centres, with specific reference to the areas where persons in need of care are being housed and protected.

(d) We request the learned Amici Curiae - either both of them or either of them - to be involved in the afore audit, for which all steps shall be taken by the respondent - Director of Health Services. The report of Audit so made, shall be made available to us by the next posting date.

(e) We direct the respondent - District Medical Officer, Thrissur, to verify the present status of the persons injured in the incident in question; and inform us how their treatment is being taken care of, as also the provisions made, if any, for its financing and expenses.

(f) We direct the Superintendents of the Mental Health Centres, to inform this Court, the steps and measures in place for the protection of the doctors, nurses and other healthcare professionals of the institution, as also the details regarding the security personnel and such other, which will also be answered in terms of the questions posed by the learned Amici Curiae mentioned above.

(g) We direct the Superintendents of Police/Commissioners of Thiruvananthapuram, Thrissur and Kozhikode to ensure that sufficient security is maintained in all the Mental Health Centers, suitably lia

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