Bombay High Court Orders Release Of Man 'Detained Unnecessarily' In Rehabilitation Centre At 'Behest Of His Wife'

The Bombay High Court ordered the immediate release of one Pratap Jivani, who had been unlawfully detained at his wife’s behest at the Amulya Prem Foundation Rehabilitation Centre in Bhiwandi.

A division bench of Justice Revati Mohite Dere and Justice Gauri Godse, in a habeas corpus writ petition filed by Jivani’s cousin Jayendra Bhatia, observed that no medical papers showing that he needed to be admitted in the rehabilitation centre were produced.

“It is clear that Pratap was unnecessarily detained at the said rehabilitation centre at the behest of his wife…We are not shown any medical papers of Pratap to show that he was required to be admitted to the rehabilitation centre. Hence, in view of the aforesaid, we permit Pratap to go alongwith the petitioner. The aforesaid representatives of the rehabilitation centre assured us that henceforth they will not detain any person in such manner without following due process of law. Statement accepted.”

According to the petitioner, Jivani's brother, residing in Dubai, had reached out for assistance through an email dated July 16, 2023 expressing concern about Jivan's sudden disappearance and the urgent need for hernia surgery.

The petitioner claimed that Jivani's wife, due to ongoing matrimonial disputes, had admitted him to the Amulya Prem Foundation Rehabilitation Centre, alleging psychiatric issues. The petitioner contended that Jivani's detention was unauthorized and that he was denied access to visitors.

The court had previously ordered a responsible officer to visit the rehabilitation centre and record Jivani's statement. In a hearing on August 18, 2023 held in chambers, Jivani was produced before the court along with representatives of the rehabilitation centre, including owner Francis John Fernandes and trustee Manisha Mohan Patil.

Jivani's statement, recorded by PSI Rupali Popat Gaud of Bhiwandi Police Station, indicated that he had been held against his will at the rehabilitation centre on the insistence of his wife. He revealed that he was placed there because of his addiction to gutka.

Fernandes stated that Jivani's wife had directed them to detain him due to his addiction. He denied any necessity for hernia surgery, contrary to what had been stated in the email from Jivani's brother. Fernandes further stated that that the rehabilitation centre was withholding access to Jivani based on his wife's instructions and that she was financially compensating the centre for his stay.

The court interacted with Jivani and the petitioner during the proceedings. Jivani disclosed that he had not consumed gutka since being admitted to the centre, and expressed his desire to leave and stay with his cousin. The petitioner assured the court of his willingness to take full responsibility for Jivani's well-being.

Considering the evidence and statements provided, the court concluded that Jivani had been unjustifiably detained due to his wife's influence. The lack of medical documentation supporting his admission raised questions about the necessity of his stay at the rehabilitation centre.

Thus, the court permitted Jivani to leave the rehabilitation centre and live with his cousin and disposed of the writ petition.

Case no. – Criminal Writ Petition (ST) No. 13818 of 2023

Case Title – Jayendra Narandas Bhatia v. State of Maharashtra

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