Magistrate Duty Bound To Inform Person With Mental Illness Is Entitled For Free Legal Aid, P&H High Court Calls For Judicial Officers' Training

Observing that every Magistrate, Police Officer and person in-charge of custodial institutions is entitled to inform person suffering with mental illness is entitled for free legal aid as per Mental Health Care Act, the Punjab & Haryana High Court called for judicial officers' training.

Chief Justice Sheel Nagu and Justice Sanjiv Berry noted, “no orientation programme for making Judicial Officers aware of this statutory duty is undertaken by the Chandigarh Judicial Academy or any other institution, including the Legal Aid institutions.”

Hence, it directed the registry to inform the Chandigarh Judicial Academy, the State Legal Services Authorities of the States of Punjab and Haryana and Union Territory Chandigarh as well as the High Court Legal Services Committee, to take appropriate steps in that regard.

The Court was hearing PIL on implementation of Mental Health Care Act, 2017.

Counsel appearing for States of Punjab and Haryana submitted that process of framing of Rules under the Mental Healthcare Act, 2017 is underway.

The Court directed to implead Union of India through the Ministry of Health and Family Welfare as party to the petition and asked Additional Solicitor General Satya Pal Jain to submit reply within a period of four weeks.

“Shri Jain is also requested to file reply on the point that there is no notification by the Government of India for constitution of Medical Health Review Board under Section 73 of the Act of 2017 for Union Territory, Chandigarh,” the Court added.

The matter is now adjourned to September 04, for further consideration.

Title: Pushpanjali Trust v. State of Punjab and others

Click here to read/download the order