Susmita Das v. The State of West Bengal & Ors.

#7. The learned counsel for the petitioner had relied upon the judgment in the case of Gurunatha vs. Deputy Director, Di9rectorate of Public health and Preventive Medicine and Others reported in 2024 SCC OnLIne Madras 2051 wherein the Madras High Court in the similar circumstances of the case as directed the authorities to take appropriate steps with regard to the person who are suffering from psychiatric ailment.

#8. Heard the learned counsel for the respective parties perused the materials on record.

#9. This Court finds that the petitioner has disclosed the document wherein it was found that the private respondent is suffering from schizophrenia disorder. She was earlier under medical treatment before the New Monobikash Kendra but subsequently she failed to continue to take the 4 medicine and now she has become aggressive due to which the petitioner and her mother are not in a position to control the private respondent no. 5. Section 100 of the Act provides the duties of police officers in respect of persons with the mental illness. Section 101 of the Act provides that report to Magistrate of person with mental illness in private residence who is ill-treated or neglected and Section 102 of the said Act provided that conveying or admitting person with mental illness to mental health establishment by Magistrate.

#10. In the present case, this Court finds that the petitioner has made several request to the concerned police authority including the District Magistrate but no action has been taken. Only after filing of the writ application, the police authorities have visited the house of the private respondent no. 5 and found that the private respondent is suffering from schizophrenia. It is also the case of the petitioner that the petitioner is not in a position to take the private respondent to the hospital for having the treatment due to aggressive act of the respondent no. 5.

#11. Accordingly, Inspector-in-Charge, Habra Police Station, North 24 Parganas is directed to provide sufficient police protection with the lady police personnel to take the private respondent to the Habra State General Hospital for providing treatment and if the Chief Medical Officer of Habra State General Hospital found that any further specialized treatment is required to the respondent no. 5, the Chief Medical Officer of Health shall refer the respondent no. 5 to any other hospital where the 5 respondent no. 5 shall get the specialized treatment for the illness suffering by the respondent no. 5.

#12. As per the list provided by the State it is found that in the Habra State General Hospital every 1st and 3rd Tuesday of every month the Chief Medical Officer will be available for providing treatment to the psychiatric patient.

#13. Accordingly, the Officer-in-Charge, Habra Police Station is directed to take the respondent no. 5 along with her mother with the help of lady police personnel to the Habra State General Hospital on April 21, 2026 for the treatment of the respondent no. 5 and if the Chief Medical Officer shall take appropriate steps so that the private respondent no. 5 shall get appropriate treatment for the illness suffering by the respondent no. 5. If the Chief Medical Officer is of the view that further specialized treatment is received, he shall refer to respondent no. 5 to any other hospital for specialized treatment and police authorities shall provide necessary help to the respondent no. 5.

#14. WPA 6244 of 2026 is disposed of.

#15. Urgent Xerox certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. (Krishna Rao, J.)