Sunday 3 September 2023

Whether a person can be detained in Rehabilitation Centre At 'Behest Of His Wife for addiction of Gutkha?

 We have perused the papers as well as the said statements.

The statement reveals that Pratap was forcibly kept at the said

rehabilitation centre at the behest of his wife. Pratap had stated

that for his addiction for gutka he was kept in the rehabilitation

centre. {Para 6}

11. Thus considering the aforesaid, it is clear that Pratap was

unnecessarily detained at the said rehabilitation centre at the

behest of his wife.

12. We are not shown any medical papers of Pratap to show

that he was required to be admitted to the rehabilitation centre.

Hence, in view of the aforesaid, we permit Pratap to go alongwith  the petitioner. 

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION

CRIMINAL WRIT PETITION (ST) NO. 13818 OF 2023

Jayendra Narandas Bhatia Vs State of Maharashtra 

CORAM : REVATI MOHITE DERE &

GAURI GODSE, JJ.

DATE : 18th AUGUST 2023


1. This petition is filed for seeking a writ of habeas corpus

directing the respondent to produce the petitioner’s cousin

brother Pratap Jivani .

2. It is the case of the petitioner that he is the cousin of Pratap

Jivani who was missing. Brother of Pratap Jivani by email dated

16th July 2023 had requested the petitioner to find out about

Pratap as he required Hernia surgery on urgent basis. Brother of

Pratap is residing in Dubai and hence he had requested the

petitioner to take appropriate steps.

3. It is further the case of the petitioner that in view of

matrimonial disputes between Pratap and his wife, Pratap’s wife

had admitted him for psychiatric treatment in Amulya Prem

Foundation at Bhiwandi (“Rehabilitation Centre”) .

4. The petitioner has stated that for no reason Pratap was

admitted in the said rehabilitation centre and was illegally

detained there and no one was allowed to meet him. Hence the

present petition was filed.

5. By order dated 4th August 2023, we had directed to send a

responsible officer to the said rehabilitation centre for recording

statement of Pratap. Today, Pratap is produced before us in

Chamber. The concerned representatives of the said rehabilitation

are also present before us. Statement of Pratap recorded by the

Sub-Inspector, Bhiwandi Police Station is placed before us.

Statement of one Francis John Fernandes, representative of the

rehabilitation centre is also placed before us.

6. We have perused the papers as well as the said statements.

The statement reveals that Pratap was forcibly kept at the said

rehabilitation centre at the behest of his wife. Pratap had stated

that for his addiction for gutka he was kept in the rehabilitation

centre.

7. Francis Fernandes in his statement has stated that Pratap

was kept in the rehabilitation centre as instructed by his wife. He

has stated that Pratap does not require any operation for hernia

and that he was admitted to the rehabilitation for addiction

towards gutka. Francis Fernandes has further stated that without

permission of the wife of Pratap the rehabilitation centre cannot

allow anybody to meet Pratap.

8. We interacted with Pratap as well as the petitioner in

Chamber. Pratap informed us that he was addicted to gutka,

however he has not consumed gutka after he was kept at the

rehabilitation centre. He also informed us that he did not wish to

stay at the rehabilitation centre and he wants to go alongwith the

petitioner. He stated that in view of the dispute with his wife, she

had kept him at the rehabilitation centre. The petitioner informed

us that he is ready to take entire responsibility of Pratap and he

would take him alongwith him to his house.

9. Franics Fernandes informed us that as per instructions of

the wife of Pratap they were not allowing anybody to meet

Pratap. He further informed us that Pratap’s wife was paying

them for keeping him at the rehabilitation centre.

10. One Manisha Mohan Patil, Trustee of the said rehabilitation

centre was also present before us. Francis Fernandes as well as

Manisha Patil informed us that only on the instructions of wife of

Pratap they were not allowing anybody to meet Pratap.

11. Thus considering the aforesaid, it is clear that Pratap was

unnecessarily detained at the said rehabilitation centre at the

behest of his wife.

12. We are not shown any medical papers of Pratap to show

that he was required to be admitted to the rehabilitation centre.

Hence, in view of the aforesaid, we permit Pratap to go alongwith

the petitioner. The aforesaid representatives of the rehabilitation

centre assured us that henceforth they will not detain any person

in such manner without following due process of law. Statement

accepted.

13. In view of the aforesaid, no further directions are necessary.

14. Writ Petition is disposed of in the above terms.

GAURI GODSE, J. REVATI MOHITE DERE, J.


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