GEETA SHARMA Vs. UNION OF INDIA & ANR

JUDGEMENT

(1.) Petitioner has filed the present writ petition under Article 226 of the Constitution of India seeking a writ of Habeas Corpus directing respondents No.1 and 2 to produce the daughter of the petitioner, namely, Ms. 'X' (name withheld to maintain privacy), who is a major. It is alleged in the petition that Ms. 'X' is being forced to undergo mental healthcare treatment and admitted in Nightingale Hospital for Mental Health at Marylebone, London (United Kingdom), against her wishes. Prayer is also sought that a Medical Board be constituted to determine if there is any requirement of such treatment. Direction is also sought to respondents No.1 and 2 to immediately provide all the medical documents and reports of Ms. 'X' to the petitioner.

(2.) The necessary facts of the case, which are required to be noticed for disposal of this writ petition, are as under:-

(3.) Learned counsel for the petitioner submits that Ms. 'X' is an Indian Citizen. She is being forcefully held up in London by respondent No.2. Ms. 'X' is unhappy with her treatment which she is undergoing in an alien environment with different food habits. Moreover, the petitioner is completely in the dark about the treatment being administered to her and no treatment can be worthwhile when the patient is being forcefully kept in a mental hospital in London.