No ‘grave’ mental disorder,institute seeks review in trial of ex-RAW official

The report informed Justice Ajit Bharihoke that 48-year-old Bhatia had been discharged from IHBAS on February 18 after almost a month of sustained treatment as an in-patient,and suggested there should be a “review of her active prosecution under Section 309 (attempt to commit suicide) of the IPC.”

Bhatia is standing trial at the Patiala House courts for her suicide attempts. In August 2008,she had tried to consume poison in front of the Prime Minister’s Office,alleging she had been forced to take the step after no action was taken on her complaint of sexual harassment against her senior.

Her second suicide bid came in November 2009,when she tried to jump off the Central Administrative Tribunal building following an adverse interim order on her petition,challenging RAW’s decision to send her into compulsory retirement on the grounds that her identity had been compromised and it would hinder the discharge of her duties.

Defining Bhatia’s mental illness as “soft” in nature,the report — endorsed by IHBAS Director Nimesh G Desai — added that Bhatia’s comprehensive diagnosis and treatment revealed that she may be suffering a mental problem due to loss of job and her continuous run-ins at the courts,but she was certainly not suffering from any permanent or grave mental disorder.

Taking the report on record,Justice Bharihoke fixed the date for passing orders in the case in March.

The court had on January 20 ordered the police to take her to IHBAS for a complete mental check-up after she attempted to disrobe in court twice the same day. Bhatia had filed a writ petition in the High Court against two magistrates,alleging there was a deliberate attempt to adjourn matters pertaining to her suicide attempts.

Her case against RAW’s decision to sack her is being heard by another HC Bench. While the Supreme Court had dismissed her sexual harassment petition in January last year,the CAT in its final order had asked the RAW to reinstate her. The Centre,however,filed an appeal against the CAT order. The matter is pending.