Bombay High Court
Sanjay S/O. Shankarrao Puppal-Thr,Poa ... vs State Of Maharashtra And Anr on 12 February, 2025
2025:BHC-AS:7696
12 Fa-1144-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
FIRST APPEAL NO. 1144 OF 2024.
Sanjay S/O. ShankarraoPuppal, ]
Age : 63 years, Occu. : Retired, ]
R/o. 137, Modikhana, Solapur. ]
(REPRESENTED THROUGH HIS POWER OF ]
ATTORNEY HOLDER: ]
Shankar s/o. SharnappaDharne, ]
Age : 68 years, Occu. : Ex-steno of District Court, ]
Solapur, R/o. 174, "Suprita Arcade", KumbharVes, ]
Solapur ] ...Appellant.
Versus
1. The State of Maharashtra ]
(Notice be served on Government Pleader) ]
Bombay High Court Annex, Bombay High ]
Court, Area, Mumbai) At :- Mumbai ]
2. The Superintendent of Regional Mental ]
Hospital, Yerwada, Pune, ]
R/o Vishrantwadi, Phule Nagar, Near R. T. O. ]
Office, Pune - 411006. ] ...Respondents.
------------
Ms. Lizum C. Wangdi, Amicus Curiae for Appellant.
Mr. A. R. Patil, AGP for Respondent-State.
------------
Coram : Sharmila U. Deshmukh, J.
Date : 12th February, 2025.
Oral Judgment :
1. The First Appeal has been preferred by the Power of Attorney
holder appearing in-person against the judgment dated 11 th January,
2024 passed in Civil Miscellaneous Application No. 213 of 2022. When
Sairaj 1 of 8
::: Uploaded on - 17/02/2025 ::: Downloaded on - 22/02/2025 06:42:13 :::
12 Fa-1144-2024.doc
the matter was listed before this Court, by order dated 19 th December,
2024, Ms. Wangdi was appointed as amicus curiae to assist the Court.
2. The facts of the case is that the Applicant filed an Application
before the District Court purportedly under Section 53 of the Mental
Health Act, 1987 seeking appointment of Respondent No. 1, which was
the State of Maharashtra as a de-facto guardian. The case pleaded was
that the patient was a person with disability and was maintained by her
brother-in-law. It was pleaded that the mental health expert of Civil
Hospital has declared the patient as mentally ill and had opined that
her detention in Regional Mental Health Hospital is necessary, which
was subsequently permitted by order of Chief Judicial Magistrate. As
the Applicant received intimation about the possibility of patient being
discharged from the hospital, the Application came to be filed.
3. The District Court framed the issue as regards the maintainability
of Application and answered the same against the Applicant in view of
enactment of Mental Healthcare Act, 2017, which is impugned in the
present case.
4. Learned Amicus Curiae would submit that though the Application
was filed under Section 53 of the Mental Health Act, 1987, the
nomenclature of the Application was not important and the District
Court could have exercised the jurisdiction under the Mental
Healthcare Act, 2017, which provides for appointment of nominated
Sairaj 2 of 8
::: Uploaded on - 17/02/2025 ::: Downloaded on - 22/02/2025 06:42:13 :::
12 Fa-1144-2024.doc
representative under Section 14. She submits that in the present case
what is necessary is proper care and custody of the patient, and
discharge by Regional Mental Hospital, Yerwada without making any
provision for the patient's rehabilitation and without any nominated
representative would be detrimental to the patient. She submits that
patient need to be rehabilitated by applying the doctrine of Parens
Patriae and proper arrangements be made for the treatment as well as
the post-treatment care and custody of the mentally ill patient. She
submits that it is evident from the facts on record, that there is no
person, who is willing to act as guardian of the mentally ill patient and
therefore, Section 14 of the Mental Healthcare Act, 2017 needs to be
invoked and as per Section 14(4), if the relative is not willing to be the
nominated representative then it is the Director, Department of Social
Welfare or his designated representative, as the nominated
representative of a patient. In support, she relies upon the decision in
the case of Dr. Harish Shetty vs. State of Maharashtra 1, wherein
Division Bench of this Court issued certain instructions for treatment
as well as rehabilitation of the mentally ill patients. She submits that
the guidelines provide for discharge of patients from mental health
establishment to either their family homes or the rehabilitation
centre/halfway homes, and the procedure to be followed after such
1 2024 SCC OnLine Bom 901
Sairaj 3 of 8
::: Uploaded on - 17/02/2025 ::: Downloaded on - 22/02/2025 06:42:13 :::
12 Fa-1144-2024.doc
discharge and rehabilitation. She submits that similar procedure can be
adopted in the present case by appointing the Director, Department of
Social Welfare as the nominated representative and thereafter, to
provide for rehabilitation, in event, the medical opinion is that the
patient is fit to be discharged from the hospital.
5. As this is not an adversial litigation, Mr. Patil, learned AGP has
extended all support to ensure that proper instructions are received
from the Department of Social Welfare and he submits that the
Department of Social Welfare has already approved the list of Non-
Governmental Organizations, which are willing to take care of such
patients after their discharge from the hospital. He submits that one
such establishment was Shantiban Pratishthan, Pune, in which the
patient was earlier admitted and was thereafter, admitted once again
to mental health establishment for treatment. He submits, upon
instructions, that proper order can be passed for rehabilitation of
patient in Shantiban Pratishthan, Pune after her discharge from the
Mental Health Establishment.
6. Considering the above, an opinion was sought from the Regional
Mental Health Establishment by this Court and the medical report
dated 3rd February, 2025, states that with the permission of Mental
Health Review Board, Pune, on 12th December, 2024, the patient was
transferred to Shantiban Rehabilitation Center till 20 th January, 2025
Sairaj 4 of 8
::: Uploaded on - 17/02/2025 ::: Downloaded on - 22/02/2025 06:42:13 :::
12 Fa-1144-2024.doc
and thereafter, she was readmitted to the Mental Health
Establishment, Pune for fresh evaluation. The report by three-member
committee of the Psychiatrist and the Medical Superintendent has
opined that the patient currently has only residual symptoms of
psychosis and her treatment is being continued at the Regional Mental
Health Establishment and that her physical health is stable.
Considering the recent report, it appears that it is not necessary for her
continued admission in the Regional Mental Health Establishment.
7. The issue is whether the powers are required to be exercised
under Section 14(4) of Mental Healthcare Act, 2017 for appointing a
nominated representative.
8. The Trial Court has rejected the application on the ground of
maintainability as nothing had been produced on record that the
regional mental health establishment is not ready to keep the patient
in the Hospital. What was required to be considered is the necessity of
appointing nominated representative for the patient considering the
relief sought in the Civil Miscellaneous Application. The provisions of
Section 14 of the Mental Healthcare Act, 2017 deals with the
appointment and revocation of nominated representative. Sub-section
(4) of Section 14 provides that where no nominated representative has
been appointed by the person under sub-section (1) and if no person is
available to be appointed as a nominated representative, the Board
Sairaj 5 of 8
::: Uploaded on - 17/02/2025 ::: Downloaded on - 22/02/2025 06:42:13 :::
12 Fa-1144-2024.doc
shall appoint the Director, Department of Social Welfare, or his
designated representative as a nominated representative of the
person with mental illness. Section 17 provides for the duties of
nominated representative, which includes providing support to the
person with mental illness in making treatment decisions under
Sections 89 and 90, applying to the mental health establishment for
admission and giving consent for the same.
9. The pleading in the Application is that parents of the patient
have expired. The elder sister and brother have expired and no relative
is willing to take care of the patient. Considering the provisions of
Section 14(4), as there is no relative, which is available or willing to be a
nominated representative of the patient, the Director, Department of
Social Welfare is directed to designate a representative as nominated
representative of the patient within a period of 15 days from today.
Upon the Representative being so nominated, the Representative shall
make necessary applications to the Mental Health Establishment and
after obtaining their opinion, and if so advised, to obtain discharge of
patient from the Mental Health Establishment and ensure her
rehabilitation with Shantiban Pratishthan, Pune. In event, any
readmission is required, it will be the duty of nominated representative
to take all proper steps to ensure that there is full treatment given to
the patient by admitting her to the Regional Mental Health
Sairaj 6 of 8
::: Uploaded on - 17/02/2025 ::: Downloaded on - 22/02/2025 06:42:13 :::
12 Fa-1144-2024.doc
Establishment, and upon discharge, to ensure her rehabilitation with
Shantiban Pratisthan, Pune.
10. In the case of Dr. Harish Shetty (supra), this Court had passed
the necessary directions for framing of comprehensive plan/protocol
for rehabilitation of cured patients and in the meantime, the draft
comprehensive plan, which is stated in Paragraph No. 88 of the said
decision is required to be followed. These said directions include two
categories, i.e. Category-A-those whose relatives are existent and
Category-B-those whose relatives are not known. In the present case,
the patient will fall in Category-A and all that is required is that after
her discharge, the patient be rehabilitated in the Non-Governmental
Organizations, which are empanelled with Director, Department of
Social Welfare. The directions issued by Public Interest Litigation is
binding on the authorities and it is expected that the authorities will
comply with the same.
11. In light of the above, First Appeal is allowed and the following
order is passed :
:ORDER:
[i] The Director, Department of Social Welfare is directed to
designate a representative as a nominated representative
under Section 14(4) of the Mental Healthcare Act, 2017 within 15
days from today.
Sairaj 7 of 8
12 Fa-1144-2024.doc
[ii] In event, the designated representative is unable to
function as a nominated representative for any reason
whatsoever, before discharging the said nominated
representative, an alternate arrangement shall be made by
Director, Department of Social Welfare for appointment of new
nominated representative.
[iii] Upon being so appointed, the nominated representative to
take necessary decision in consultation with the Regional Mental
Health Establishment, Yerwada regarding the discharge of
patient.
[iv] In event, the medical opinion is that patient can be
discharged with regular follow-ups, then the nominated
representative to take proper steps to ensure her rehabilitation
in Shantiban Pratishthan, Pune.
12. Before parting, this Court records its appreciation towards the
assistance, which is rendered by Ms. Wangdi, learned Amicus Curiae
without whom this Court would not have been able to pass an effective
order particularly, considering the sensitive nature of the present
proceedings.
[Sharmila U. Deshmukh, J.]
Sairaj 8 of 8
