The Uttarakhand High Court has ordered the immediate release of a man held for 42 days at a Dehradun mental health facility, holding that substance addiction cannot automatically be classified as a mental illness and that mandatory statutory procedures for involuntary admission were violated.
A division bench comprising Justice Ravindra Maithani and Justice Siddhartha Sah issued the order on September 23 while disposing of a habeas corpus petition. After interacting with the petitioner directly during proceedings, the judges stated that the court had no choice but to set him free to go wherever he chose, as he had clearly expressed his intention to return home.
Marital Conflict Led To Confinement
The petitioner, represented by advocate Gaurav Singh, had approached the High Court claiming he was being detained at the psychiatric establishment without his consent. The man told the bench that his wife had admitted him to the facility following a marital dispute surrounding their divorce.
Absence Of Mandatory Medical Certifications
Addressing the legality of the detention, the High Court observed that the statutory criteria under the Mental Healthcare Act, 2017, had been breached. The statute mandates that prior to involuntary admission, an individual must be evaluated independently by a psychiatrist alongside another mental health professional or medical practitioner. Both experts must independently conclude that the individual suffers from a mental illness of the requisite severity.
When asked by the bench whether the mandatory certifications had been secured before admitting the petitioner, counsel for the facility admitted that no such clearance had been granted. The court ruled that there was no medical certification establishing the presence of any mental illness.
The judges also examined a medical report submitted on September 22 by the concerned chief medical officer. While the report recorded that the man had an addiction to alcohol and ganja, the bench noted that substance dependency alone cannot be deemed a mental illness without a formal conclusion reached by a psychiatrist, mental health professional, or qualified medical practitioner.
Unregistered Facility Faces Administrative Action
During the hearing, the facility’s counsel contended that the man had been brought in on August 12 and was examined by a doctor who noted alcohol- and drug-related conditions. The facility argued that subsequent blood tests justified his admission and asserted that on-call doctors were available at the centre. Counsel further argued that under the provisions of the Mental Healthcare Act, 2017, the petitioner had been free to leave at any time.
The bench also reviewed the operational status of the institution. Appearing via video conference, the Dehradun District Magistrate told the court that 28 other people were residing at the facility.
The court discovered that the establishment was operating without legal sanction. Its registration had expired on August 9, 2025, and a renewal application remained pending. The district magistrate noted that the facility had recently changed its operational location without legal authority, adding that the district administration intends to initiate regulatory action against the centre under the Mental Healthcare Act, 2017.
