HAIDERALI KALLIYATH Vs. JASIF KATTEKKADAN

JUDGEMENT

(1.) The appellant challenges the order of the Statutory Mental Health Review Board ('Review Board', for short), constituted under the provisions of the Mental Healthcare Act, 2017 ('Act' for short) because, through it, he has been "formally cautioned for non-compliance with the provisions of the Mental Healthcare Act, 2017, particularly Ss. 4 to 8 pertaining to capacity assessment and informed consent." (sic)

(2.) Sri.V.V.Asokan, learned Senior Counsel, instructed by Smt.Uthara Asokan appearing for the appellant, took us extensively through the materials on record to impress upon us that the sole reason why his client has been so cautioned is because, he is alleged to have admitted the 1st respondent to the hospital on 22/8/2024, without proper consent having been obtained and without conducting a "Formal Assessment of Capacity" as mandated under Sec. 4 of the 'Act'.

(3.) The learned Senior Counsel argued that the findings of the Board are flawed and entered into in haste, without analyzing the materials and documents available; and hence that he has no other option, but to have approached this Court though this Appeal.