SC comes to rescue of wife,orders health checkup of Prof hubby

The Supreme Court today came to the rescue of a wife who sought medical examination of her husband's mental health, a professor sentenced to three months jail after being held guilty of contempt for accusing judges of Madhya Pradesh High Court of being possibly corrupt.
The apex court said the professor, Dr Lavit Rawtani, who teaches Information Technology at Maulana Azad National Institute of Technology Bhopal (MANIT Bhopal), cannot be subjected to three months in jail in case he is found to be not in a fit state of mind.
A bench, headed by Chief Justice J S Khehar, accepted the plea of the professor's wife, who pleaded in-person before the court, and directed the director of All India Institute of Medical Science (AIIMS) to constitute a medical board to examine his mental health.

The wife claimed before the bench, which also comprised Justices D Y Chandrachud and S K Kaul, that her husband was schizophrenic and "not fit and stable". He was not in a position to understand the effect and the consequence of the order of the Jabalpur bench of Madhya Pradesh High Court.
The woman, who appeared before the court with the assisstance of advocate Charu Sangwan, submitted some documents written by her husband along with some letters written by director of the Institute in 2014, that her husband needed medical treatment as he was mentally sick.
"In the peculiar facts and circumstances of the case, the contemnor cannot be subjected to the punishment of three months jail term, in case he is found to be not fit in state of mind.

"We consider it to be appropriate that director of All India Institute of Medical Science (AIIMS), Bhopal or may be Hamidia Hospital, Bhopal constitute a medical board to examine the psychiatric health of contemnor," the bench said.

The apex court also put the arrest and detention in pursuance to Madhya Pradesh High Court order in abeyance till the next date of hearing on July 4.
The apex court directed the wife to inform the Senior Superintendent of Police (SSP), Bhopal, once her husband comes home so that, with the help of the police, he can be taken before the medical board on May 11 at 10am.

The bench said it would be open to the board to admit the man, if needed for examination, and directed that the evaluation report be submitted on or before July 4 to the court.
It directed counsel for Madhya Pradesh government to give the documents submitted by the wife to be placed before the medical board for examination.
The wife told the bench that her husband has not been given any work by the Institute for the past one year and her family will be shattered if her husband is sent to jail without being medically examined.
The Jabalpur bench of Madhya Pradesh High Court had initiated contempt proceedings against the professor on March 2 for making reckless allegations against judges and not tendering unconditional apology and had sentenced him to three months simple jail term on April 6, holding him guilty of contempt.

The professor had first filed a PIL in 2014 challenging some appointments made in MANIT and demanding a probe, which the High Court dismissed asking him to file a writ petition.
Subsequently, he refused to file a writ petition espousing his cause and started sending speed posts to High Court judges accusing them of being possibly corrupt.
The High Court, took up the matter suo motu (on its own) and initiated contempt proceedings against him by issuing notice against him as to why contempt action should not be initiated against him.
The wife moved the High Court on April 25 seeking time to appeal against the order in Supreme Court and stay on the arrest of her husband. The High Court stayed the order of arrest till today for filing appeal before Supreme Court.

The apex court had yesterday come to the rescue of HIV- positive, mild schizophrenic, destitute woman, who was raped on the streets of Patna and had ordered setting up of a medical board to examine her 26-week pregnancy for abortion.