SAJI Vs. AN INIMATE OF MENTAL HEALTH CENTRE

JUDGEMENT

(1.) Heard Sri. Ramkumar Nambiar, learned Amicus Curiae and learned senior Government Pleader Sri.T.G. Sunil.

(2.) Accused of having committed offences punishable under Sections 302 and 307 of the Indian Penal Code, the person, in relation to whom this order is being passed, was found to have committed that act, but was acquitted on the ground of unsoundness of mind. With such finding and judgment in terms of Section 334 of the Code of Criminal Procedure, 1973, it was ordered that he be detained in safe custody in the Mental Health Centre, until ordered to be delivered to any relative or friend. Thereafter., his mother applied to the court below that he be delivered to her care and custody, That is refused on the ground that it having had issued an order for his detention in safe custody in the Mental Health Centre in terms of Clause 'a' of Sub-section 1 of Section 335, the court could not further issue an order under Clause 'b' of that subsection that he be delivered to the care and custody of a relative or friend and that only the government could so order, in view of Section 339 of the Code.

(3.) Following a report of the Member Secretary, Kerala State Legal Services Authority, to this Court in O.P. No. 16667 of 1996,. registered in terms of the directions of the Apex Court in Sheela Barse v. Union of India, 1995 5 SCC 654, the records in relation to the aforesaid order and case have been called for and examined to ensure that the said order is jurisdictionally and legally firm and not unjust and for the purpose of being satisfied as to the correctness., legality and propriety of that order passed by the court below refusing to order delivery of the detained person to the care and custody of his mother, on her application.