The court was angered over a hit-and-run case where a naked male body was found on the roadside. Neither the victim's identity could be established, nor the offending vehicle traced by the police.
"The facts and circumstances clearly show the apathetic and insensitive attitude of police officers towards mental health patients," Metropolitan Magistrate Abhilash Malhotra said in an order.
The order was passed after it was noted that the police, during its probe, found that the victim was often seen wandering aimlessly without clothes in the vicinty of I P Estate area in Central Delhi.
"The provision of the Mental Health Act, 1987 clearly defines the duties of the police officials in respect of the mental health patients.
"Section 23(1)(a) of the Act cast a duty upon police person to rescue a mental health patient found wandering. Such a person needs to be produced before the court for seeking the reception order for initiation of medical treatment," the judge said.
"It is unfortunate that the Delhi Police failed to see the plight of mental health patients wandering without clothes on the road. Mental health patients are the sovereigns, unable to protect and fight for their rights. They wander without knowing their name, address and parentage. The authorities have to be on front-foot to rescue and treat them with care," the magistrate said in its order.
It directed that the order be communicated to the police commissioner for its compliance and necessary action and a report be filed on November 18, the next date of hearing.
It also said a copy of the order be sent to state human rights commission, Delhi state mental health authority, special commissioner of police (Law and Order), the DCP and SHO concerned and member secretary of Delhi state legal service authority.
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