Punjab and Haryana HC allows woman colonel who alleged ill-treatment at military hospitals to get treated at PGIMER

In effect to the colonel’s contention that provisions of the Mental Healthcare Act, 2017, person been violated by Command Hospital Western Command which allegedly did not contented her referral to PGIMER Chandigarh, the Army has stated that it is not alert arsenic to whether the Command Hospital, Western Command, Chandimandir is an constitution registered nether Section 65 of the Mental Health Care Act, 2017 and that the said information is required to beryllium verified.

Justice Vinod S Bharadwaj L, successful his bid dated October 24, has directed that the aesculapian past of the colonel on with each the documents related to her attraction beryllium delivered by the respondents, the authorities, to the petitioner successful presumption of Section 25 of the Mental Health Care Act, 2017.

In the submissions made earlier the court, the counsel for the petitioner had referred to the diagnosis by the infirmary arsenic per which the petitioner has been diagnosed with “severe slump with suicidal tendencies”. He contended that adjacent connected the OPD slip, generated and issued by PGI, the petitioner has been diagnosed arsenic a high-risk absorption lawsuit by the psychiatry department.

The counsel besides pointed retired that the petitioner has made 4 suicidal attempts successful the past. He submitted that arsenic per the provisions of the Mental Health Care Act, 2017, each diligent is entitled to person entree to his/her aesculapian grounds nether Section 25 of the Act and further contended that the Command Hospital, Western Command, Chandimandir is not an constitution registered with the authorities nether the provisions of the Act.

He requested the tribunal that the Army should beryllium directed to let the colonel to beryllium admitted astatine PGIMER, Chandigarh, a duly registered constitution nether the provisions of the 2017 Act.

The authorities counsel vehemently opposed the petitioner’s assertion and contended that her antecedents are pending information and presently she is nether suspension.

The authorities counsel besides contended that the petitioner wants to instrumentality payment of her contiguous assertion of unwellness to stall Court of Inquiry proceedings pending earlier the Army authorities and that successful the lawsuit of immoderate specified payment being extended successful her favour, she is apt to get the on-going proceedings of summary of grounds stalled.

The counsel for the petitioner further submitted successful tribunal that she would voluntarily similar to instrumentality attraction from PGIMER, Chandigarh astatine her ain hazard and cost. Allowing this, the tribunal adjourned the substance to December 16.