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

In response to the colonel’s contention that provisions of the Mental Healthcare Act, 2017, have been violated by Command Hospital Western Command which allegedly did not issue her referral to PGIMER Chandigarh, the Army has stated that it is not aware as to whether the Command Hospital, Western Command, Chandimandir is an establishment registered under Section 65 of the Mental Health Care Act, 2017 and that the said fact is required to be verified.

Justice Vinod S Bharadwaj L, in his order dated October 24, has directed that the medical history of the colonel along with all the documents related to her treatment be delivered by the respondents, the authorities, to the petitioner in terms of Section 25 of the Mental Health Care Act, 2017.

In the submissions made before the court, the counsel for the petitioner had referred to the diagnosis by the hospital as per which the petitioner has been diagnosed with “severe depression with suicidal tendencies”. He contended that even on the OPD slip, generated and issued by PGI, the petitioner has been diagnosed as a high-risk management case by the psychiatry department.

The counsel also pointed out that the petitioner has made four suicidal attempts in the past. He submitted that as per the provisions of the Mental Health Care Act, 2017, every patient is entitled to have access to his/her medical record under Section 25 of the Act and further contended that the Command Hospital, Western Command, Chandimandir is not an establishment registered with the authorities under the provisions of the Act.

He requested the court that the Army should be directed to allow the colonel to be admitted at PGIMER, Chandigarh, a duly registered establishment under the provisions of the 2017 Act.

The government counsel vehemently opposed the petitioner’s claim and contended that her antecedents are pending consideration and presently she is under suspension.

The government counsel also contended that the petitioner wants to take benefit of her present claim of illness to stall Court of Inquiry proceedings pending before the Army authorities and that in the event of any such benefit being extended in her favour, she is likely to get the on-going proceedings of summary of evidence stalled.

The counsel for the petitioner further submitted in court that she would voluntarily like to take treatment from PGIMER, Chandigarh at her own risk and cost. Allowing this, the court adjourned the matter to December 16.

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