Periodical Inspection Of Rehabilitation/De-Addiction Centres Essential To Safeguard Public Interest: Madras High Court

"Such rehabilitation or de-addiction centres cannot be run by any individuals without obtaining a proper permission and license from the competent authorities. In this regard, the social welfare officer is bound to initiate appropriate action. Periodical inspection of such institutions are essential in order to safeguard the public interest."

Justice SM Subramaniam made the observation on a plea by a woman claiming compensation from the Director of the Institute of Mental Health for her husband’s death while he was admitted at the Ever Green Rehabilitation Centre in Kovilambakkam, Chennai. It was alleged that the petitioner’s husband was brutally attacked by the management of the Centre before his death.

Noting that the petition has remained pending for more than 7 years, the court had directed the District Social Welfare Officer, Chengalpattu to inspect the rehabilitation centre and submit a report. Upon inspection, it was found that the Centre was running in a shifted place with a new name and without any requisite permission and licenses from the competent authorities as per law.

However, the court also noted that the Centre had obtained a license from the Institute of Mental Health, Kilpauk. The court observed that the Director of the Institute of Mental Health was duty-bound to conduct an inspection which he had failed to do. This failure, as per the court, had resulted in the commission of irregularities and illegalities. Thus, the court directed the Director of the Institute of Mental Health to inspect the Rehabilitation centre and initiate appropriate action in case of lapses.

"The 7th respondent/Director of the Institute of Mental Health, Kilpauk, Chennai, is directed to inspect the Green Care Rehabilitation Centre at Pozhichalur, Chennai, within a period of one (1) week from the date of receipt of a copy of this order and initiate all appropriate actions if any lapses are identified. The Directorate is duty-bound to conduct a periodical inspection of all such centres to ensure that the centres of such private persons are being run in accordance with the law and by following the rules and regulations," the court said.

The court was also informed by the Additional Public Prosecutor that the charge sheet was filed in the criminal case before the Judicial Magistrate, Alandur. The court, therefore, directed the Judicial Magistrate to commit the case to the Session Court.

"The Principle District and Sessions Court at Chengalpattu is directed to dispose of the Criminal Case within a period of four (4) months from the date of committing the case by the learned Judicial Magistrate," it added.

The court also gave liberty to the woman to pursue the criminal case before the Sessions Court and further claim compensation subject to the outcome of the trial.

Case Title: M Syed Ali Fathima v. State and others

Citation: 2023 LiveLaw (Mad) 123