From the archives of human rights cases

T his column will carry a brief from the archives of the intricate cases of human rights violations, which became a landmark after the public authorities had to eventually accept the recommendations of the NHRC :
Mentally ill under trial prisoner's release
(Case No. : 3628/30/2001-02)
The Director General Prisons, Delhi informed the NHRC, vide his letter dated the 26th February, 2002 that an under trial prisoner, Charanjit Singh had been languishing in jail for more than 17 years since 28th October, 1985 without the trial being completed in the case FIR No. 854/85 U/S 302 of the Indian Penal Code, IPC on account of his mental condition. He requested for the intervention of the NHRC in the matter. An under trial prisoner Charanjit Singh had been in jail for more than 2 decades.
The Commission appointed Ms. Meenakshi Arora, Advocate, to examine the matter. It was revealed that in the medical examination by the Medical Board, the accused was found suffering from schizophrenia, remission with senile dementia along with hypertension. As per the Additional District Judge, the accused could not be released on bail as neither he had any relatives, under whose custody he could have been released, nor was he mentally fit to face the trial. Eventually, after a long period of 15 years, the Trial Court decided to release him on bail and an order was passed to this effect on the 14th July, 2000. However, since the prisoner could not appear in the court, his bail was cancelled on this ground since then he had been languishing in the jail.
Ms. Arora advised that the Commission could move an application u/s 482 Cr.P.C before a competent court for quashing the trial in view of the inordinate delay. Accordingly, the Commission, through her, informed the High Court of Delhi about the issue. The Institute of Human Behaviour and Allied Sciences (IHBAS) had been approached but it was not willing to keep the under trial prisoner. Therefore, the Court directed the NHRC to find out a place where the under trial prisoner could be lodged.
The Court was informed that the Commission had been able to arrange the facilities for the treatment and stay of the accused Charanjit Singh at VIMHANS initially for a period of three months by keeping him as an indoor patient.
It was also suggested that after the condition of the patient stabilized, he could be shifted to a Half-way-Home "Ehass" which is near VIMHANS. The representative of the VIMHANS was present in the Court. The Help Age India representative, during his presence in the court, said that after VIMHANS certified the condition of the patient to be stable, the Help Age India was prepared to take the prisoner in their Half Age Home or Old Age Home without charging any expenses for the same. Thus, the efforts made by the NHRC for the release, treatment and rehabilitation of a mentally ill under trial prisoner bore fruits with the Division Bench of the High Court, presided over by
Mr. Justice D.K. Jain and Mr. Justice A.K. Sikri, quashing the FIR registered against the accused, paving the way for his release.
The High Court also issued certain directions keeping in mind the guidelines suggested by NHRC. The High Court directed the Delhi Judicial Academy for organising short term capsule courses to sensitize the judicial officers, likely to deal with the mental health cases, as suggested by the NHRC.