The Bombay High Court ordered the release of a man named Pratap Jivani who had been forcibly kept at a rehabilitation centre at the behest of his wife, holding that there was no medical evidence to support the same.
The petitioner sought a writ of habeas corpus to locate his cousin brother Pratap. Pratap’s real brother had contacted the petitioner, stating that detainee needed urgent hernia surgery.
A Division Bench of Justice Revati Mohite Dere and Justice Gauri Godse observed that, “We are not shown any medical papers of Pratap to show that he was required to be admitted to the rehabilitation centre. Hence, in view of the aforesaid, we permit Pratap to go alongwith the petitioner.”

It was submitted by the petitioner that due to matrimonial issues, detainee’s wife had admitted him to the Amulya Prem Foundation for psychiatric treatment in Bhiwandi. The petitioner claimed Pratap was illegally detained at the rehabilitation center without reason.

Following a court order, the detainee was presented in court along with representatives of the rehabilitation center, and statements from detainee and a representative were submitted.

The detainee’s statement revealed that he was kept at the center due to his wife’s orders, citing his addiction to tobacco. The rehabilitation center representative confirmed the same. He expressed his desire to leave the center and go with the petitioner, mentioning his wife’s role in his admission. Another representative and a trustee of the center confirmed they were following detainee’s wife’s instructions for not allowing visits.

The Court found that his detention at the center was due to his wife’s orders, lacking medical justification. Since no medical evidence was provided to support his detention, he was permitted to leave with the petitioner.

Accordingly , the writ petition was disposed off in accordance with the outlined terms.

Cause Title: Jayendra Narandas Bhatia v. State of Maharashtra