SUPREME COURT OF INDIA
GAURAV KUMAR BANSAL – Appellant
Versus
UNION OF INDIA – Respondent
W.P.(C) No.-001496 - 2018
IN THE SUPREME COURT OF INDIA CIVIL ORIGINAL JURISDICTION WRIT PETITION (CIVIL) NO. 1496 OF 2018 GAURAV KUMAR BANSAL Petitioner(s)
VERSUS UNION OF INDIA & ORS. Respondent(s)
WITH WRIT PETITION (C) NO. 976 OF 2019 WITH WRIT PETITION (C) NO. 1145 OF 2021
O R D E R
1. These writ petitions have been filed by the petitioner – Mr. Gaurav Kumar Bansal under Article 32 of the Constitution of India with the following prayers:
“W.P. (C) No. 1496 of 2018 a. Issue Writ / Order / Direction in nature of Mandamus to Respondent No. 29 to immediately unchain the PERSONS WITH MENTAL ILLNESS placed near or inside FAITH BASED MENTAL ASYLUM situated near Mohalla Kabulpur, Police Station Kotwali, Badayun, Uttar Pradesh.
b. Issue Writ / Order / Direction in nature of Mandamus to Respondent No. 29 to provide Mental Healthcare and Treatment to the PERSONS WITH MENTAL ILLNESS placed near or inside FAITH BASED MENTAL ASYLUM situated near Mohalla Kabulpur, Police Station Kotwali, Badayun, Uttar Pradesh.
C. Issue Writ / Order / Direction in nature of Signature Not Verified Mandamus to Respondent No. 02 to Respondent No. 36 Digitally signed by J D a a y t a e n : t 2 K 02 u 5 m .1 a 1 r . A 0 r 7 ora to start a project /programme to provide Mental Reason:
Healthcare and Treatment to Persons with Mental illness placed near or inside FAITH BASED MENTAL ASYLUMS in their respective jurisdiction.
d. Issue Writ / Order / Direction in nature of Mandamus to Respondent No. 02 to Respondent No. 36to constitute /establish State Mental health Authority as prescribed under Section 45 of Act-
2017.
e. Issue Writ/ Order / Direction in nature of Mandamus to Respondent No.02 to Respondent No.36 to constitute State Mental Health Authority Fund as prescribed under section 62 of Act-2017.
f. Issue Writ / Order / Direction in nature of Mandamus to Respondent No.02 to Respondent No.36 to constitute Mental Health Review Boards as prescribed under Section 73 of Act 2017.
g. Issue Writ / Order / Direction in nature of Mandamus to Respondent No.02 to Respondent No.36 to frame Rules as provided under Section 121 of Act-2017.
h. Issue Writ / Order / Direction in nature of Mandamus to Respondent No.02 to Respondent No. 36 to frame Regulations as given under Section 123 of Act – 2017.
W. P. (C) NO. 976 OF 2019 Issue a Writ/Order/ Direction in nature of Certiorari for Quashing of Official letter dated 05/01/2019 issued by State of Maharashtra as the same is arbitrary, hence Ultra Vires of Article 14 of Constitution of India W.P. (C) NO. 1145 OF 2021 a). Issue Writ/Order/Direction in nature of Mandamus against Respondent No. 04 to immediately unchain the PERSONS WITH MENTAL ILLNESS placed near or inside FAITH BASED MENTAL ASYLUM namely SHRINE OF HUSSAIN TEKRI, Jaora, District Ratlam, Madhya Pradesh;
b). Issue Writ/Order/Direction in nature of Mandamus against Respondent No. 04 to start a project/program to provide Mental Healthcare and Treatment to Persons with Mental illness placed near or inside FAITH BASED MENTAL ASYLUMS in their respective jurisdiction;
c) Issue Writ/Order/Direction in nature of Mandamus against Respondent No. 04 to provide status report on implementation of provisions of Mental Healthcare Act - 2017”
2. Considering the importance of the issue arising for consideration, this Court had been monitoring the matter from time to time and in view of orders passed by this Court, some of the prayers stands answered. However, as regards other prayers in the writ petitions, coupled with those that have been raised by virtue of subsequently filing the interlocutory applications Mr. Gaurav Kumar Bansal submits that some more directions are necessary.
3. On 07.02.2025, after hearing Ms. Aishwarya Bhati, learned Additional Solicitor General, we directed as under:-
“1. The present Writ Petition(s) under Article 32 of the Constitution was filed on 08.12.2018, seeking certain directions with respect to the persons requiring mental healthcare.
2. Commencing from 03.01.2019, this Court has been passing ord
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