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Synopsis

A division bench of the Bombay High Court (HC), consisting of Justice Revati Mohite-Dere and Justice Gauri Godse, has ordered the release of Pratap Jivani, who was held at a rehabilitation centre in Bhiwandi based on his wife’s request.

The division bench was hearing a habeas corpus petition by the detained man’s cousin, who took action after Jivani’s brother, who was in Dubai, expressed concerns about Jivani’s urgent hernia surgery.

The petitioner argued that Jivani’s wife had lodged him at the Amulya Prem Foundation in Bhiwandi for psychiatric care due to marital discord. However, he contended that Jivani was held unlawfully, without proper justification at the rehabilitation centre, with no access.

The division bench interacted with Jivani and Francis John Fernandes, representative of the rehabilitation centre.

The bench, in its order, recorded that Jivani was kept forcefully at the centre at the behest of his wife. “We have perused the papers as well as the said statements. The statement reveals that Jivani was forcibly kept at the said rehabilitation centre at the behest of his wife. Jivani had stated that for his addiction for gutka he was kept in the rehabilitation centre,” the bench recorded.

The rehabilitation centre’s representative informed the court that Jivani’s need for hernia surgery was not accurate and that he had been admitted to address his addiction to gutka. The representative also said that following the wife’s instructions, they had prohibited anyone from meeting him. It was disclosed that Jivani’s wife was financially compensating the centre for his stay there.

Jivani conveyed to the bench that he had refrained from consuming gutka after his admission to the rehabilitation centre. He expressed his desire to leave the centre and accompany his cousin, who assured the bench that he was willing to assume full responsibility for JIvani’s well-being and was prepared to have him stay at his residence.

“We are not shown any medical papers of Pratap Jivani to show that he was required to be admitted to the rehabilitation centre. Hence, in view of the aforesaid, we permit Pratap Jivani to go along with the petitioner. The aforesaid representatives of the rehabilitation centre assured us that henceforth they will not detain any person in such manner without following due process of law. Statement accepted,” the bench recorded.

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