Lata Babulal Shinde vs State Of Maharashtra And Ors
2024 Latest Caselaw 1795 Bom

Bombay High Court

Lata Babulal Shinde vs State Of Maharashtra And Ors on 22 January, 2024

Author: Revati Mohite Dere

Bench: Revati Mohite Dere

   NISHA             Digitally signed by NISHA
                     SANDEEP CHITNIS
   SANDEEP           Date: 2024.01.24
   CHITNIS           14:24:29 +0530                                            21-wpst.1134.2024.doc


                         IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                CRIMINAL APPELLATE JURISDICTION

                       CRIMINAL WRIT PETITION (STAMP) NO.1134 OF 2024

                Lata Babulal Shinde                                    ...Petitioner
                     Versus
                The State of Maharashtra and Ors.                      ...Respondents

                Mr. Vijay Hiremath, for the Petitioner.

                Mr. V. B. Konde-Deshmukh, Addl.P.P for the Respondent - State.

                                                  CORAM : REVATI MOHITE DERE &
                                                          MANJUSHA DESHPANDE, JJ.

DATE : 22nd JANUARY 2024 P.C. :

1. Heard learned cousnel for the petitioner.

2. By this petition, the petitioner seeks a direction that the

concerned authorities be directed to produce the Magisterial Inquiry

Report; to produce the Medical Case Papers, of the petitioner's son,

apart from other reliefs.

3. Learned counsel for the petitioner states that the

petitioner's son was suffering from mental health issues and that no

21-wpst.1134.2024.doc

care was taken of the petitioner's son, by the prison authorites, as

mandated by various Act.

4. Learned counsel for the petitioner has tendered a

compilation of documents containing; the extract from the Mental

Healthcare Act, 2017; the Mental Healthcare (Rights of Persons with

Mental Illnesses Rules) 2018; NIMHANS Report, dealing with Mental

Health Crisis in Prisoners during Covid-19; NHRC, Suicide in

Prison:Prevention Strategy and Implication From Human Rights and

Legal Points of View, 2014; NHRC Guidelnes on Prevenion of Suicide

in Prison; Extract from Model Prison Act, 2023; Extract from Model

Prison Manual, 2016; The United Nations Standard Minimum Rules

for the Treatment of Prisoners (the Nelson Mandela Rules) and the

Judgments of the Apex Court and other Courts.

5. Learned counsel for the petitioner states that as far as

incarcerated prisoners are concerned, the State, through the prison

administration, is obliged to act as parens patriae and provide

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treatment for mental health persons. Learned counsel has raised the

same in ground 'B' of this petition and relied on the several provisoins

concerning the same.

6. Issue notice to the respondents. Learned Additional Public

Prosecutor waives notice on behalf of all the respondents and seeks

time to take instructions.

7. Stand over to 5th February 2024. A responsible officer

from the Yerwada Central Prison, to remain present on the next date

with the documents, as sought for.

8. Learned Additional Public Prosecutor to forthwith

communicate the aforesaid order to the appropriate authorities, so as

to ensure compliance of the same.

MANJUSHA DESHPANDE, J. REVATI MOHITE DERE, J.