Before directing examination of litigant under mental health Act,it is necessary to make preliminary examination and report of a doctor or a psychiatric should be obtained.
As far as the second direction is concerned, the appellant is
entitled to succeed. There are various reasons for the same. The
appellant has rightly drawn our attention to the provisions of Mental
Health Act, 1987 including Sections 2(l), 2(m), 2(s), 14, 15-18, 19-28,
30-31 etc. Section 22 of the said Act may not be squarely applicable as
it applies and postulates the procedure to be followed by a Magistrate
but the procedure prescribed in the statute has a salutary purpose and
object behind it. The directions given in paragraph 16 onwards are
stringent, severe and deleterious. Before passing and issuing the said
direction it would have been appropriate if a preliminary examination
and report of a doctor or a psychiatric was obtained.
Delhi High Court
Deepak Khosla vs Montreaux Resorts Pvt Ltd & Ors on 24 April, 2012
