Gauhati High Court
Puni Ram Nath Alias Koniram Nath vs The State Of Assam on 16 June, 2025
Author: Manish Choudhury
Bench: Manish Choudhury
Page No. 1/9
GAHC010077312025
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THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : I.A.(Crl.)/341/2025
PUNI RAM NATH ALIAS KONIRAM NATH
SON OF LATE PANI RAM NATH , RESIDENT OF VILLAGE MIKIRBHETA, PS
MIKIRBHETA, MORIGAON, ASSAM 782413
VERSUS
THE STATE OF ASSAM
REPRESENTED BY THE PUBLIC PROSCUTOR, ASSAM
2:BIPIN CHANDRA NATH
SON OF LATE PEPALU NATH
RESIDENT OF VILLAGE PATKOMOI
MORIGAON
ASSAM 78210
Advocate for the Petitioner : MR A ATREYA, MS. C KALITA
Advocate for the Respondent : PP, ASSAM,
BEFORE
HONOURABLE MR. JUSTICE MANISH CHOUDHURY
HONOURABLE MRS. JUSTICE MITALI THAKURIA
ORDER
Date : 16.06.2025
[Manish Choudhury, J.]
Heard Mr. D.K. Bhattacharyya, learned counsel for the applicant-appellant and Ms. A.
Begum, learned Additional Public Prosecutor for the opposite party-respondent State.
2. This Court had passed an Order on 19.05.2025 on this application. The relevant
excerpts from the said Order are extracted hereinbelow :-
2. The applicant-appellant is presently lodged in District Jail, Morigaon.
3. In this application, the applicant-appellant has projected that he has been suffering
and undergoing treatment for schizophrenia for a considerable length of time.
4. When an earlier application, I.A.[Crl.] no. 168/2024 was preferred by the applicant-
appellant, the said application was disposed of by an Order dated 25.06.2024 with a
direction to the District Jail, Morigaon authorities to place case of the applicant-appellant
before the jurisdictional Mental Health Review Board at the earliest for consideration of the
case of the applicant-appellant under Section 103 of the Mental Healthcare Act, 2017
within fifteen days from 25.06.2024 along with the relevant records including medical
reports of the applicant-appellant. A copy of the order was directed to be furnished to the
learned Additional Public Prosecutor to take necessary steps.
5. From Flag-A Letter, which is a Letter dated 19.04.2025 of the Superintendent, District
Jail, Morigaon addressed to the District & Sessions Judge, Kamrup [M] who is also the
Chairman of Mental Health Review Board, it is noticed that there is no reference by the
Order dated 25.06.2024 passed in I.A.[Crl.] no. 168/2024. The said Letter dated
19.04.2025 is only in reference to an order dated 10.04.2025. In the Letter dated
19.04.2025, the Superintendent, District Jail, Morigaon has requested the Chairman,
Mental Health Review Board, Kamrup [M] to fix date, time and place for appearance of the
applicant-appellant before the Mental Health Review Board, Kamrup [M] for mental health
status of the applicant-appellant in deference to the order dated 10.04.2025.
6. More than ten months have elapsed since passing of the Order dated 25.06.2024
passed in I.A.[Crl.] no. 168/2024.
7. In such factual backdrop, the Superintendent, District Jail, Morigaon shall inform this
Court about the date, time and place fixed for appearance of the applicant-appellant
before the Mental Health Review Board, Kamrup [M]. It is stated at the Bar that the Mental
Health Review Board, Kamrup [M] has the jurisdiction to decide the case of the applicant-
appellant who is presently lodged in District Jail, Morigaon. The Superintendent, District
Jail, Morigaon is to explain in writing as to why the direction made in the Order dated
25.06.2024 passed in I.A.[Crl.] no. 168/2024 was not carried out in time.
8. A copy of this order is to be supplied to Ms. Begum, learned Additional Public
Prosecutor to transmit it to the Superintendent, District Jail, Morigaon immediately.
3. It is pertinent to mention that the applicant had earlier moved an interlocutory
application, I.A.[Crl.] no. 168/2024. As the case of the applicant had been recapitulated in the
Order dated 25.06.2024, whereby I.A.[Crl.] no. 168/2024 was disposed of, it is apt to extract
the relevant parts from the said Order dated 25.06.2024 :-
2. The applicant herein is the appellant in the accompanying appeal, Criminal Appeal no.
16/2024. The accompanying appeal, Criminal Appeal no. 16/2024 is preferred by the
applicant-appellant under Section 374[2] of the Code of Criminal Procedure, 1973 ['the
Code' or 'CrPC', for short] to assail a Judgment and Order dated 20.09.2017 passed by
the Court of learned Sessions Judge, Morigaon in Sessions Case no. 57/2016. By the
Judgment and Order dated 20.09.2017, the applicant-appellant has been convicted for the
offence of murder under Section 302 of the Indian Penal Code ['IPC', for short] and he has
been sentenced to undergo rigorous imprisonment for life and also to pay a fine of Rs.
50,000/-, in default of payment of fine, to undergo simple imprisonment for another 1 [one]
year.
* * * * *
5. In this application, it is averred that the applicant-appellant who is aged about 47
years, is a patient of Schizophrenia and has been undergoing treatment for the same for a
considerable length of time. The applicant-appellant has been recommended medication
for Schizophrenia, an illness, according to the applicant- appellant, is a mental illness.
6. With the aforesaid projection, it has been canvassed that the applicant-appellant,
during the pendency of the accompanying appeal, is either to be granted the benefit of
suspension of execution of the sentence and bail under Section 389 of the Code or his
case should be considered as per the provisions of the Mental Healthcare Act, 2017 ['the
Act, 2017' or '2017 Act', for short], the Prisoners Act, 1900 and Assam Prisons Act, 2013.
7. From the materials on record, it has emerged that the applicant-appellant was examined
on 08.06.2024 by a Medical Board constituted by the Principal-cum-Chief Superintendent,
Nagaon Medical College & Hospital, Nagaon. In the Mental Health Status Report
submitted the Medical Board, it is opined that the applicant-appellant is suffering from a
mental illness, namely, Paranoid Schizophrenia, in partial remission.
8. The Act, 2017 has been enacted to provide for mental healthcare and services for
persons with mental illness and to protect, promote and fulfill the rights of such persons
during delivery of mental healthcare and services and for matters connected therewith or
incidental therewith. As per sub-section [o] of Section 2 of the Act, 2017, 'mental
healthcare' includes analysis and diagnosis of a person's mental condition and treatment
as well as care and rehabilitation of such person for his mental illness or suspected mental
illness. As per sub-section [s] of Section 2 of the Act, 2017, 'mental illness' means a
substantial disorder of thinking, mood, orientation or memory that grossly impairs
judgment, behaviour, capacity to recognise reality or ability to meet the ordinary demands
of life, mental conditions associated with the abuse of alcohol and drugs, but does not
include mental retardation which is a condition of arrested or incomplete development of
mind of a person, specially characterized by sub-normality of intelligence. As per sub-
section [w] of Section 2 of the Act, 2017, 'prisoner with mental illness' means a person with
mental illness who is an under-trial or convicted of an offence and detained in a jail or
prison. Sub-section [d] of Section 2 of the Act, 20174 has provided for constitution of a
Mental Health Review Board. As per the said sub-section, 'board' means the Mental
Health Review Board constituted by the State Authority.
9. Section 73 of Chapter XI of the Act, 2017 has prescribed for constitution of Mental
Health Review Board. For ready reference, Section 73 is quoted herein below in its
entirety :-
73. Constitution of Mental Health Review Boards -
[1] The State Authority shall, by notification, constitute Boards to be called the
Mental Health Review Boards, for the purposes of this Act.
[2] The requisite number, location and the jurisdiction of the Boards shall be
specified by the State Authority in consultation with the State Government
concerned.
[3] The constitution of the Boards by the State Authority for a district or group of
districts in a State under this section shall be such as may be prescribed by the
Central Government.
[4] While making rules under Sub-Section [3], the Central Government shall have
regard to the following, namely :-
[a] the expected or actual workload of the Board in the State in which such Board is
to be constituted;
[b] number of mental health establishments existing in the State;
[c] the number of persons with mental illness;
[d] population in the district in which the Board is to be constituted;
[e] geographical and climatic conditions of the district in which the Board is to be
constituted.
Section 74 has provided for composition of the Mental Health Review Board.
10. Section 103 of the Act, 2017 read as under :-
[1] An order under Section 30 of the Prisoners Act, 1900 [3 of 1900] or under Section 144
of the Air Force Act, 1950 [45 of 1950], or under Section 145 of the Army Act, 1950 [46 of
1950], or under Section 143 or Section 144 of the Navy Act, 1957 [62 of 1957], or under
Section 330 or Section 335 of the Code of Criminal Procedure, 1973 [2 of 1974], directing
the admission of a prisoner with mental illness into any suitable mental health
establishment, shall be sufficient authority for the admission of such person in such
establishment to which such person may be lawfully transferred for care and treatment
therein :
Provided that transfer of a prisoner with mental illness to the psychiatric ward in the
medical wing of the prison shall be sufficient to meet the requirements under this Section.
Provided further that where there is no provision for a psychiatric ward in the medical wing,
the prisoner may be transferred to a mental health establishment with prior permission of
the Board.
[2] The method, modalities and procedure by which the transfer of a prisoner under this
Section is to be effected shall be such as may be prescribed.
[3] The medical officer of a prison or jail shall send a quarterly report to the concerned
Board certifying therein that there are no prisoners with mental illness in the prison or jail.
[4] The Board may visit the prison or jail and ask the medical officer as to why the prisoner
with mental illness, if any, has been kept in the prison or jail and not transferred for
treatment to a mental health establishment.
[5] The Medical Officer In - Charge of a Mental Health Establishment wherein any person
referred to in Sub-Section [1] is detained, shall once in every six months, make a special
report regarding the mental and physical condition of such person to the authority under
whose order such person is detained.
[6] The appropriate Government shall setup mental health establishment in the medical
wing of at least one prison in each State and Union territory and prisoners with mental
illness may ordinarily be referred to and cared for in the said mental health establishment.
[7] The mental health establishment setup under Sub-Section [6] shall be registered under
this Act with the Central of State Mental Health Authority, as the case may be and shall
conform to such standards and procedures as may be prescribed.
11. A set of Rules, namely, the Mental Healthcare [Rights of Persons with Mental Illness]
Rules, 2018 ['the Rules, 2018' or '2018 Rules', for short] have been framed in exercise of
the powers conferred under Section 121 of the Act. As per Rule 10 thereof is of import and
the same is quoted herein below :-
10. Method, modalities and procedure for transfer of prisoners with mental illness -
Transfer of a prisoner with mental illness to the psychiatric ward of the medical wing
of the prison or to a mental health establishment set up under sub-Section [6] of
Section 103 or to any other mental health establishments within or outside the State
shall be in accordance with the instructions issued by the Central Government or
State Government, as the case may be.
12. The Assam Prisoners Act, 2013 ['the Act, 2013' or '2013 Act', for short] is an Act
enacted prior to enactment of the 2017 Act, has also cast an obligation, under sub-Section
[2] of Section 8, on the State Government to appoint psychologist or psychoanalyst and
psychiatrist, as may be deemed for the prisons of the State. Section 52 of thereto has
provided for the procedure for providing healthcare of an inmate of unsound mind. Section
82 of the Act, 2013 has provided for the modalities of the transferring a convicted person,
who is certified to be of unsound mind, to a Mental Hospital etc.
13. It is has been brought to the notice of this court that by a Notification bearing No.
HMB.103/2019/311 dated 29.11.2021, the Government of Assam in the Home [B]
Department has already constituted Committees in terms of Section 8[2] of the Act, 2013,
for conducting the mental health checkup of the inmates of the District Jails/Central
Jail/Open Air Jail/Special Jail/Sub Jail, mentioned therein, for sending quarterly reports on
the Mental Health of the inmates to the jurisdictional Mental Health Review Boards
constituted by the Heath Department, Assam for the purpose. As per the said Notification,
a Committee has also been constituted in the District Jail, Morigaon which is headed by
the Additional Deputy Commissioner [Health] Morigaon as the Chairman with the Medical
& Health Officer [Regular/Visiting] of the Jail as the Member Convener. The
Superintendents of the District Jails and other concerned authorities are directed by a
Notification bearing no. PRI.29/2019/58 dated 23.12.2021 of the Inspector General of
Prisons, Assam to conduct regular mental health checkup of the inmates in jails of Assam
and to act in close coordination with the Mental Health Review Board of the jails for
successful implementation of the provisions of the 2017 Act.
14. It is also brought to the notice of this court that the Mental Health Review Board,
Kamrup [Metro] is, at present, having jurisdiction over the jails in the districts of Kamrup
[Metro], Morigaon, Nalbari and Karbi Anglong.
15. The Mental Health Status Report, submitted by the Medical Board constituted by the
Principal-cum-Superintendent, Nagaon Medical College & Hospital, on 08.06.2024, has
inter-alia reported as under :-
Based on the examination, information available and analysis of the medical
records, the medical board opines that the index patient, Sri Puniram Nath @
Koniram Nath is suffering from a mental illness, namely, paranoid schizophrenia, in
partial remission. By nature, the mental illness renders the judgment of the person
poor. This condition is manageable with medications, but the long-term prognosis is
uncertain. Due to lack of historical information, the board is not able to comment
about the duration of his illness.
16. In view of such observations made by the Medical Board constituted to examine the
mental health of the applicant-appellant by the Nagaon Medical College & Hospital,
Nagaon, we deem it proper to direct the Mental Health Checkup Committee of the District
Jail, Morigaon to place the case of the applicant-appellant viz. Puniram Nath @ Koniram
Nath before the jurisdictional Mental Health Review Board at the earliest for consideration
of the case of the applicant-appellant under Section 103 of the 2017 Act within 15 [fifteen]
days from today, along with all the relevant records including the medical reports of the
applicant-appellant.
17. It is further observed that on receipt of the case records from the Mental Health
Checkup Committee, the jurisdictional Mental Health Review Board shall give due
consideration to the case of the applicant-appellant on its own merits and in accordance
with law. It is expected that the jurisdiction Mental Health Review Board will give
consideration to the case of the applicant-appellant and will pass appropriate direction with
utmost expedition.
18. With the above observations and directions, the instant interlocutory application, at this
stage, stands disposed of.
19. A copy of this order be furnished to Ms. A. Begum, learned Additional Public
Prosecutor to take necessary steps from her end.
4. When the present application was moved, the Superintendent District Jail, Morigaon
was directed to apprise this Court why the direction made in the Order dated 25.06.2024 was
not carried out in time, as noted in the Order dated 19.05.2025.
5. From the Office Letter no. DJM. 18/2025/1080 dated 02.06.2025 of the Superintendent
District Jail, Morigaon addressed to the learned Additional Public Prosecutor, it transpires that
the authorities in the District Jail, Morigaon, Assam already forwarded the medical report of
the applicant vide an Office Letter no. DJM/18/2024/2002 dated 31.08.2024 to the Chairman,
Mental Health Review Board, Kamrup [M] at Guwahati and the receipt of the said Office
Letter along with medical report was acknowledged on 02.09.2024.
6. As already noted above in the Order dated 25.06.2024 [supra], extracted above, it is
the jurisdictional Mental Health Review Board which should give expeditious consideration to
the case of the applicant under the provisions of Mental Health Care Act, 2017. As no order
passed by the jurisdictional Mental Health Review Board has been placed before this Court,
the Registry to transmit a copy of this order to the Chairman, Mental Health Review Board,
Kamrup [M], Guwahati for compliance of the direction made in the Order dated 25.06.2025
passed in I.A.[Crl.] no. 168/2024.
7. List the case on 23.07.2025 for a report from the Mental Health Review Board, Kamrup
[M], Guwahati.
JUDGE JUDGE
Comparing Assistant
