PETITIONER: ANAMIKA CHAWLA Vs. RESPONDENT: METROPOLITAN MAGISTRATE AND ORS. DATE OF JUDGMENT: 01/05/1997 BENCH: SUHAS C. SEN, K.S. PARIPOORNAN ACT: HEADNOTE: JUDGMENT:
O R D E R
This case arises of alleged ill-treatment of Mrs.
Anamika Chawla by her husband and her father. The case is
going on since 29th July 1995. Smt. Anamika Chawla came up
against the order passed by the Metropolitan Magistrate on
29th July, 1995 ordering to be admitted to Delhi Psychiatry
Centre, 35, Defence Enclave, Vikas Marg, New Delhi, for
observation and treatment. This Order was passed with undue
haste even without seeing the alleged patient Medical
certificates were produced from Dr. Sunil Mittal and Dr. S.
C. Malik. The case of the petitioner, Mrs. Chawla, is that
neither of the two doctors had ever met her or examined her.
The allegation appears to be true.
When the application was moved by Mrs. Anamika Chawla,
she was staying in Guild of Service Hostel in New Delhi.
The warden of the Hostel appeared in person and stated that
she found Mrs. Chawla’s behaviour normal. She was on
friendly terms with the other inmates of the hostel. It was
also recorded in the Order of this Court held on 3rd August,
1993 that this Court had personally questioned the
petitioner and had not noticed any mental aberration bus
since the medical certificates had been produced before the
Magistrate, we wanted to examine the case in greater detail.
The case has now gone on a number of days. We heard the
Doctors and examined the reports heard all the parties Mrs
Chawla has appeared before us personally on a number of
days. We have spoken to her on all these days. We have not
noticed the slightest abnormality in her behaviour.
We tried to bring about a reconciliation between the
husband and wife but unfortunately no reconciliation could
be brought about. The parties were directed to undergo
counselling which has gone on for some time. We have seen
records sent by the counsellor. We are of the view that no
useful purpose will be served by prolonging this case any
further.
We hold that there was no basis for passing the
impugned order dated 20th July, 1995 by the Metropolitan
Magistrate. The Order is quashed. The Writ Petition filed in
this Court by Anamika Chawla is disposed of finally as
above. There will be no order as to costs.