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Mental Healthcare Act, 2017

13 judgments · newest first · showing 1–13

SANJAY MANOHAR KUMBEPHALKARversusTHE STATE OF MAHARASHTRA AND ANOTHER

APPLICATION ALLOWED

The applicant, Sanjay Kumbephalkar, sought quashment of an FIR registered for alleged illegal operation of a de‑addiction centre, alleging offences under IPC Section 420, the Maharashtra Medical Practitioners Act, and the Drugs and Cosmetics Act. The prosecution argued that the centre was …

YASH AJAY SHAH AND ANRversusSTATE OF MAHARASHTRA THR THE GOVERNMENT PLEADER

Disposed Off

The petitioners, siblings of Mrs. Rashmi Ajay Shah, filed a writ petition invoking the doctrine of parens patriae to obtain guardianship over their mother, who suffers from chronic spastic quadriparesis and is mentally incapacitated following a pontine haemorrhage. The High Court directed a medical …

REENA BANERJEE AND ANOTHERversusGOVERNMENT OF NCT OF DELHI AND OTHERS

2025 INSC 1101Directions issued

The petitioners, a charitable trust and an individual, sought enforcement of the Rights of Persons with Disabilities (RPwD) Act, 2016 to improve conditions in state‑run care homes for persons with cognitive disabilities, citing overcrowding, inadequate health care, abuse and lack of education. The …

VASANTA SAMPAT DUPAREversusUNION OF INDIA & ORS.

2025 INSC 1043Case Allowed

The petitioner, Vasanta Sampat Dupare, was convicted of rape and murder of a four‑year‑old girl and sentenced to death, a sentence that was affirmed on appeal, reviewed, and followed by rejected mercy petitions. He filed a writ petition under Article 32 seeking a fresh sentencing hearing in …

SUKDEB SAHAversusTHE STATE OF ANDHRA PRADESH & ORS

2025 INSC 893Disposed off

The appellant, Sukdeb Saha, challenged the Andhra Pradesh High Court's refusal to transfer the investigation of his 17‑year‑old daughter's suspicious death at a coaching institute to the CBI. He alleged that the local police investigation was biased, incomplete, and that crucial forensic evidence …

KHURSHEED AHMAD CHOHANversusUNION OF TERRITORY OF JAMMU AND KASHMIR AND ORS. ETC.

2025 INSC 876Appeal(s) allowed

The appellant, a police constable, was summoned to the Senior Superintendent's office and allegedly detained illegally for six days during which he suffered severe genital mutilation and other injuries, as confirmed by medical reports. His wife complained to the police seeking registration of an FIR …

SMRUTI TUKARAM BADADEversusSTATE OF MAHARASHTRA & ANR

2022 INSC 39Disposed off

The Supreme Court entertained a miscellaneous application seeking implementation of guidelines for recording evidence of vulnerable witnesses in criminal matters, following earlier pronouncements in Sakshi and Bandu @ Daulat. The Court examined the need for special centres to provide a barrier‑free …

RAVINDER KUMAR DHARIWAL & ANR.versusTHE UNION OF INDIA & ORS.

2021 INSC 916Appeal(s) allowed

The appellant, an Assistant Commandant in the CRPF, was subjected to multiple disciplinary enquiries after a complaint alleged that he made threatening statements and exhibited misconduct. He was later diagnosed with a permanent mental disability (40‑70%) and classified as unfit for duty. The …

ACCUSED 'X'versusSTATE OF MAHARASHTRA

2019 INSC 518Case Partly allowed

The case concerns Accused X, convicted of kidnapping, raping and murdering two minor girls, for which a death sentence was imposed. The petitioner challenged the conviction on two grounds: (i) the trial court failed to conduct a separate pre‑sentence hearing as required by Section 235(2) of the …

COMMON CAUSE (A REGD. SOCIETY)versusUNION OF INDIA & ANOTHER

2018 INSC 223Disposed off

The petitioner, Common Cause, a registered society, filed a writ petition under Article 32 seeking a declaration that the right to die with dignity is a fundamental right under Article 21 of the Constitution, and for directions to recognize 'living wills' or advance directives. The case was referred …

MS. ZversusTHE STATE OF BIHAR AND OTHERS

2017 INSC 756Appeal(s) allowed

Ms. Z, a 35‑year‑old destitute woman with mild mental retardation and HIV‑positive status, alleged that she had been raped and sought termination of her 18‑week pregnancy under the Medical Termination of Pregnancy Act, 1971. The government hospital failed to perform the termination, involving the …

MS. EERA THROUGH DR. MANJULA KRIPPENDORFversusSTATE (GOVT. OF NCT OF DELHI) & ANR.

2017 INSC 658Disposed off

The appeal concerned the interpretation of Section 2(d) of the Protection of Children from Sexual Offences (POCSO) Act, 2012, where the appellant, a mentally retarded adult, argued that "age" should include mental age so that she could be treated as a child. The Court examined the POCSO Act's …