An Alcoholic Person Who Is Otherwise Of Sound Mind Can't Be Kept In Rehab Centre Against His/Her Will :Allahabad High Court
The Allahabad High Court on Thursday (22nd October) observed in a Habeas Corpus Writ Petition that an alcoholic person who is otherwise of sound mind can't be kept in Rehab Centre (Nasha Mukti Kendra) against his/her will and wish.The Bench of Justice J. J. Munir was hearing the matter of detenu Ankur Kumar, who was produced before the Court by Sub-Inspector Kapil Kumar,...
The Allahabad High Court on Thursday (22nd October) observed in a Habeas Corpus Writ Petition that an alcoholic person who is otherwise of sound mind can't be kept in Rehab Centre (Nasha Mukti Kendra) against his/her will and wish.
The Bench of Justice J. J. Munir was hearing the matter of detenu Ankur Kumar, who was produced before the Court by Sub-Inspector Kapil Kumar, Muzaffarnagar.
Matter before the Court
He further told the Court that he was taken to Nasha Mukti Kendra by his maternal uncle and 20-30 other people and they came in four vehicles to take him to Nasha Mukti Kendra.
It was submitted by the Advocate who appeared on behalf of respondent nos. 3 to 5 that the detenu was admitted to the care of the Nasha Mukti Kendra by his mother.
The Sub-Inspector, who produced the detenu after recovering him from Nasha Mukti Kendra produced a letter signed by the 'Jeevan Rakshak Drug De Addiction and Rehabilitation Centre', Muzaffarnagar.
The said letter showed that the detenu was admitted to the Centre on the request of his mother. The letter dated 21.10.2020 produced by the Sub-Inspector Kapil Kumar was taken on record.
Court's Order
After hearing learned counsel for the parties and taking into consideration the stand of the detenu, it was clear to the Court that "he (detenu Ankur Kumar) was in confinement at the Jeevan Rakshak Drug De Addiction and Rehabilitation Centre, Muzaffrnagar against his will and wish." (emphasis supplied)
In this context, the Court further remarked,
"If a person is an alcoholic but otherwise of sound mind about there is no authority with any relative of his or Drug De Addiction and Rehabilitation Centre to detain him in custody against his will and wish."
Consequently, the first petitioner's detention was, therefore, found to be absolutely illegal by the Court.
The Court said,
"It is apparent that Ankur Kumar being in illegal detention of Jeevan Rakshak Drug De Addiction and Rehabilitation Centre, Muzaffrnagar, the S.S.P., Meerut ought to take necessary action in accordance with law against Jeevan Rakshak Drug De Addiction and Rehabilitation Centre, Muzaffrnagar or anyone at whose instance, the detenu was confined."
So far as the present petition was concerned, it was held by the Court that Ankur Kumar was illegally confined at Jeevan Rakshak Drug De Addiction and Rehabilitation Centre, Muzaffrnagar at the instance of his maternal-uncle (Mama), respondent no. 4 Virendra Singh @ Billu.
The first petitioner Ankur Kumar was ordered to be set at liberty forthwith.
"He is free to go where he likes. He will not be confined by anyone against his will and wish. This petition is allowed in terms of the aforesaid orders", said the Court.
Further, the Court also ordered that S.S.P., Meerut to ensure that no harm is caused to the detenu in future.
The Court gave this order as an apprehension was expressed on behalf of the detenu that he could be subjected to violence at the hands of respondent nos. 3 to 5 who forced him into illegal detention.
Warning:"Consumption of alcohol is injurious to health"
[Read Order]