H. P. High Court Legal Aid Committee v. State of H. P.
1997-05-19
A.L.VAIDYA, M.SRINIVASAN
body1997
DigiLaw.ai
JUDGMENT M. Srinivasan, C.J. 1. By order dated 13-11-1996 this Court issued directions to the Secretary (Home) to the Government of Himachal Pradesh to file an affidavit whether the provisions of Section 39 are being complied with or not. It was also recorded in that order that the State Government had appointed visitors under Section 37 of the Act by notification dated 21 -5-1996 but the notification was not in accordance with the provisions of the Act After setting out the directions given by the Supreme Court in he order dated 17-8-1993, the Court directed the Secretary (Home) to he Government of Himachal Pradesh to state in his reply affidavit, besides supplying other information called for in the order as to what steps have been taken for the implementation of directions (a) and (c) of the Supreme Court. With reference to direction (e), the Registrar of this Court was directed to place the matter before the Chief Justice for issuing necessary directions to the Judicial Magistrates to send reports every quarter to the High Court setting out the number of cases sought to be screened and sent to the places of safe custody and action taken by the Judicial Magistrates thereon. 2. Pursuant thereto, the Registrar got Administrative orders of the Chief Justice and issued directions to the Judicial Magistrates. In turn they have sent their reports which are placed in 'B' part of the record, 3. By order dated 22-4-1997 the Court recorded that it had impressed upon the Secretary (Health) that the establishment of Psychiatric Hospital in the State is a statutory obligation of the Government and it should perform the same at the earliest The Court had also noticed that in the affidavit filed by the Secretary (Home) to the Government it was stated that the Government had already taken a policy decision and issued detailed order on 6 12-1995 to set up Psychiatric Hospital at Shimla by converting the existing Isolation Hospital located at Shimla into Psychiatric Hospital by making necessary modifications for which an amount of Rs 10 lacs was provided in the budget for the year 1996-97 and further steps were also being taken.
The Court directed the Secretary (PWD) to the Government of Himachal Pradesh to file an affidavit within a period of three weeks therefrom stating the stage of necessary modifications being done in place of the Isolation Hospital, Shimla to convert it into Psychiatric Hospital and also probable Dime taken for completing it so that the Psychiatric Hospital may be started The Court also found that the Member Secretary of Himachal Pradesh Mental Health Authority had not complied with our order dated 13-11-1996 by filing an affidavit in his individual capacity. 4. Thereafter, and affidavit has been filed by the Financial Commissioner-cum-Secretary (PWD) to the Government of Himachal Pradesh on 13-5-1997 It is stated therein that for setting up Psychiatric Hospital at Shimla the Public Works Department is the executing agency for the Department of Health and the existing building of the Isolation Hospital is nearly 100 years old and in the technical opinion of the Department it is not suitable for conversion into a modern Psychiatric Hospital. It is also stated that to meet the requirements of the Health Department, preliminary estimates were prepared for which Administrative approval and expenditure sanction was accorded by the Secretary (Health) to the Government of Himachal Pradesh on 29 3-1997 for Rs. 1,02,64,000 for the year 1996- 97 and there was a budget provision of Rs 10 lacs which had been utilised for booking materials It has further been stated that for the current financial year the provision is Rs 12 lacs. 5. The Financial Commissioner-cum-Secretary (Health) to the Government of Himachal Pradesh filed an affidavit on. 13-5-1997, It is stated in paragraph 4 of the said affidavit that a sum of Rs 10 lacs was provided during the years 1996 97 and a sum of Rs. 12 lacs stands earmarked in the budget during the year 1997-28 for the purpose of establishing a Mental Hospital at Shimla. It is also stated that the matter has been taken up with the Advisor (Planning) Himachal Pradesh on 8-5-1997 to allocate additional funds of Rs 38 lacs for that purpose for the year 1997-98 so that construction work of the Hospital is completed on priority. The Court was assured that the matter for allotment of funds will be pursued from time to time. 6. Mr.
The Court was assured that the matter for allotment of funds will be pursued from time to time. 6. Mr. D.D. Sood, learned Counsel for the Petitioner, has filed a note containing certain suggestions for being considered by the Court, According to the note, arrangements can be made in consultation with the Director-cum-Principal, Indira Gandhi Medical College-cum Hospital and also head of the Department of Psychiatry for the present. Secondly, it is suggested that under Section 77 of the Mental Health Act, the District Court shall make regulations for the purpose of carrying out the provisions of Chapter IV of the Mental Health Act relating to judicial inquisition regarding mentally ill persons possessing property, custody or the person and management. Thirdly, it is submitted that directions may be issued to the Director General of Prisons for the purpose of enforcing the duties cast upon police officials by the said Act and more especially those prescribed under Sections 23 and 25 of the Act, 7. The principal, Indira Gandhi Medical College and Hospital has filed an affidavit dated 17-5-1997 It is stated that the college has decided that there will be psychiatric ward in the hospital as a temporary measure in which mental patients will be duly admitted/treated and that till date of the filing of the affidavit nobody had approached him for admission. It is further averred that as and when there is a request for admission of the mental patient in the psychiatric ward of the hospital, he will be duly admitted, provided there is no vacancy for such mental patients at Ranchi or Benaras It is also stated by him that the project for construction of Mental Hospital is in progress as stated by the Secretary (Health) to the Government of Himachal Pradesh in her affidavit dated 13-5-1997. 8.
8. In view of aforesaid developments, we are of the view that the following directions will meet the ends of justice and also be in compliance of the directions given by the Supreme Court in the order referred to earlier: (1) The Judicial Magistrates in the State shall continue to submit quarterly reports regarding the mentally ill persons who were brought before them and the steps taken by them with regard to such mentally ill persons The quarterly statements of the Judicial Magistrates shall be placed before the Chief Justice on the administrative side and appropriate directions be obtained by the Registrar. (2) The State Government shall continue implementing the project of establishing a mental hospital in Shimla and see that it is completed as early as possible In our opinion a period of two years is sufficient for such completion and the State Government may make all endeavour to do so. Till such completion, the State Government may make all arrangements to send the mentally ill patients to Ranchi and Benaras as at present and if there is any difficulty in sending the patients to those places, the State Government shall make arrangements for accommodating these patients in a separate ward in the Indira Gandhi Medical College and Hospital, Shimla. (3) With regard to the regulations to be framed under Section 77 of the Mental Health Act, suitable administrative directions shall be issued by the High Court on the Administrative side. (4) The Director General (Prisons), the second Respondent herein, is requested to see that the police officers comply with the requirements of Sections 23 and 25 of the Mental Act as and when they come across mentally ill patients. 9. We find that by order dated 22-4-1997 the Court impleaded the High Court of Himachal Pradesh as party Respondent No. 7 and issued certain directions to the Registrar. In our opinion it is wholly unnecessary to implead the High Court as a party Respondent in the writ petition. Any direction that may be required in the interests of justice can be issued on the administrative side to the Registrar. Such directions can be issued on the judicial side also without making the High Court a party. Hence, we delete the name of the 'High Court through the Registrar' from the array of parties. 10. With the above directions, this writ petition is closed.