conducting trial against psychiatric patient
KANDE VENKATESH GUPTA
(Querist) 05 September 2008
This query is : Resolved
Father of my client was charged with the murder case and he was remanded to judicial custody and kept in jail. The trial was concluded and he was found guilty of the charge and sentenced to life imprisonment. Subsequently, while undergoing treatment, he died in the hospital while undergoing treatment. The jail authorities did not inform about the treatment to my clients who are wife and children. On receipt of information, Suo Moto case was registered by the Human Rights Commission, in which notices were served on my clients. In the report submitted by the Jail Superintendent, it came to light that, even before commencement of trial, father of my client was suffering from psychological disorders and he was being given treatment in the mental hospital. The factum of suffering psychological disorders and treatment in the mental hospital was not brought to the notice of the Sessions Judge by the jail authorities. In the above back drop, Whether the trial is vitiated and consequently the conviction and sentence is illegal as the trial is conducted against a lunatic? Whether my clients can claim compensation from the Government for lapses on the part of the Jail Superintendent?
K.C.Suresh
(Expert) 06 September 2008
There are some specific conditions for involking se. 83 in the trial. Here he might have been a lunatic but to what extent can he fiollow the proceedings if so then the lunatic defence won't help the accused. but you can claim that and go for compenstion. But for what compenstion custodial death or illegal decision taken by the court or against the jail authorities. Is it mandatory under the mental health act to inform the court about the physical condition and mental condition of the under trial prisoner to the concerned court in whose judicial custody the accused ldged. So be more specific Mr. Gupta. So thet the final satage conclusion of our experts will be benefited by you. Other wise partial and piece meal answeres will come to light. Be franck you must be more elaborate in this case. .
K.C.Suresh
(Expert) 06 September 2008
There are some specific conditions for involking se. 83 in the trial. Here he might have been a lunatic but to what extent can he fiollow the proceedings if so then the lunatic defence won't help the accused. but you can claim that and go for compenstion. But for what compenstion custodial death or illegal decision taken by the court or against the jail authorities. Is it mandatory under the mental health act to inform the court about the physical condition and mental condition of the under trial prisoner to the concerned court in whose judicial custody the accused lodged. So be more specific Mr. Gupta. So thet the final satage conclusion of our experts will be benefited by you. Other wise partial and piece meal answeres will come to light. Be franck you must be more elaborate in this case. .
podicheti.srinivas
(Expert) 11 September 2008
the examination is being done publicly in the court.the trial has commenced and the accused was found guilty and thus he was punished.if at all your client was suffering from any mental disorder the court would have found the same and your client would have been send for treatment .in my view your client may be having disorder to a little extent but the same was not proved in the trial with allthe proofs available to your clients.your clients may not succeed in the lis which they are initiating at alater point of time.
