4 min readNew DelhiSep 24, 2026 02:30 PM IST
The Uttarakhand High Court has ordered the release of a man who had been at a mental health facility for 42 days after he told the court that his wife had admitted him there following a dispute over their divorce, and that he wanted to return home.
After interacting with the man, the court said the petitioner is “free to go wherever he wants to go” and found that the legal requirements for his admission had not been met. It also noted that while a medical report recorded that the man was addicted to ganja and alcohol, this alone could not be termed mental illness.
Justices Ravindra Maithani and Siddhartha Sah were hearing a habeas corpus petition filed by the man, who claimed that he had been detained at a mental health facility against his will and consent. “He has interacted with the court and submits that he wants to go back to his home. Therefore, this court has no other option but to set him free. The petitioner is free to go wherever he wants to go,” the court observed on September 23.
The bench also examined the status of the mental health facility and found that its renewal was pending and that it had no legal authority to run such a facility.
Admitted over alcohol, drug-related issues
The facility claimed that the man was brought to the place on August 12 and was examined by a doctor. It said that the examination indicated alcohol- and drug-related issues and a blood test was also conducted on the same day. Based on these, it argued that his admission was required.
Justices Ravindra Maithani and Siddhartha Sah referred to the medical report submitted by the chief medical officer and found that the man was addicted to ganja and alcohol.
The facility, through its counsel, argued that the man was free to leave if he wanted to, according to the provisions of the Mental Healthcare Act, 2017.
The man appeared before the court in person and was represented by advocate Gaurav Singh.
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‘No certification, yet admission’
The court noted that the law requires a person to be independently examined by a psychiatrist and another mental health professional or medical practitioner before such an admission. Both must independently conclude that the person has a mental illness of the required severity.
The court asked the mental health facility whether such a certification had been given. The facility’s counsel answered in the negative. The court, hence, found that the legal requirements for admitting the man had not been met. It also noted that there was no certification establishing that he had a mental illness.
The bench also referred to the report submitted by the chief medical officer concerned on September 22, and found that the man is addicted to ganja and alcohol, and added, “but it per se cannot be termed as mental illness. It has to be concluded by the psychiatrist or a mental health professional or a medical practitioner.”
No legal authority to run facility
The court looked into the functionality of the mental health facility and found that the doctors on call are available there. It also interacted with the district magistrate of Dehradun, who joined the proceedings through video conferencing.
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According to him, the facility was functional, and there were 28 other persons there. The court noted that the facility’s registration had expired on August 9, 2025, and had not been renewed.
The district magistrate also told the court that the facility had recently shifted its place of operation and had no legal authority to run, while the administration proposed to take action under the Mental Healthcare Act, 2017.
Justices Ravindra Maithani and Siddhartha Sah referred to the medical report submitted by the chief medical officer and found that the man was addicted to ganja and alcohol.