அதிரடி உத்தரவு HCP No.208 of 2024HCP No.208 of 2024M.S.RAMESH, J.andSUNDER MOHAN, J.[Order of the Court was made by M.S.RAMESH, J.]

HCP No.208 of 2024
HCP No.208 of 2024
M.S.RAMESH, J.
and
SUNDER MOHAN, J.
[Order of the Court was made by M.S.RAMESH, J.]

[25/03, 19:19] sekarreporter1: [25/03, 19:18] sekarreporter1: HCP No.208 of 2024
HCP No.208 of 2024
M.S.RAMESH, J.
and
SUNDER MOHAN, J.
[Order of the Court was made by M.S.RAMESH, J.]
In continuation of our earlier order dated 19.03.2024, Mr.C.K.Chandrasekkar, learned
Amicus Curiae, had visited the 9th respondent De-addiction Centre viz., M/s.Corner Stone,
No.174, 5th Street, Saraswathi Nagar, Near Sri Raghavendra Brindavanam Temple,
Thirumullaivoyal, Chennai – 600 062, and also submitted an interim report in the form of an
affidavit dated 21.03.2024.

2. On perusal of the statements made therein, we were shocked to find certain very
   disturbing facts touching upon the health and safety of the inmates, as well as the infrastructure
   provided to them.
3. The detenu herein has filed an affidavit dated 21.02.2024 stating that there were
   absolutely no basic facilities in the Centre and he was made to lie down on the floor, shower and
   use the toilet, which was of to the view of all other inmates.
4. The report of the learned Amicus Curiae also states that the toilets have now been
   provided with temporary doors, which were of very recent origin. According to the learned
   Amicus Curiae, these doors might have been fixed a day or two, before his visit.
5. We were also surprised by the fact that the food and water that have been provided to
   the inmates are of very substandard quality and that the inmates are living in inhumane
   conditions.
6. This apart, it was claimed that the learned Amicus Curiae and the persons who
   accompanied him, were detained inside a room in the premises of the 9th respondent for more
   than one hour. According to the report, the Care Taker/Warden viz., one Thomas Samuel had
   deliberately delayed in giving the details, in view of which, the learned Amicus Curiae was
   detained. Ultimately, photocopies of the Attendance Registers were supplied to him. Perusal of
   this Registers would show atleast 177 names were registered as on 30.01.2024. It is also his
   further statement that the Care Taker / Warden had informed him that 30 of the inmates had
   dropped out or discharged from the Centre.
7. The learned Amicus Curiae had also physically counted the number of inmates and
   found eighty (80) of them confined in the Centre. The copy of the license issued by the Director,
   Institute of Mental Health, Chennai – 10 to M/s.Corner Stone, the 9th respondent/De-addiction
   Centre, has been produced before us. The license authorizes for establishment of a psychiatric
   hospital or nursing home with a bed strength of fifty (50). It is also indicated to us that the
   premises in which the inmates have been kept was not sufficient to accommodate eighty 80
   persons.
8. On a prima facie view, we see some violations of the license, as well as the
   infrastructure and other basic health and safety measures in the premises. We were also
   appraised of certain other De-addiction/Rehabilitation Centres run by the 9th respondent in the
   State. Our concern now would be as to whether there is any violation of the license conditions to
   such of those centres, as well as on the quality of the infrastructure and facilities being extended
   to those of the inmates. In order to ascertain these factors, it would be appropriate that the
   following authorities are made as parties to the present Habeas Corpus Petition.
   (i) Union of India, rep. by its Secretary, Ministry of Social Justice and Empowerment,
   Room No. 637, A-Wing, Shastri Bhawan, New Delhi – 110001;
   [25/03, 19:18] sekarreporter1: 🙏
   [25/03, 19:34] sekarreporter1: (ii) State of Tamil Nadu, rep. by its Secretary, Department of Health and Family Welfare,
   Secretariat, Fort St. George, Chennai;
   (iii) The Tamil Nadu State Mental Health Authority, Institute of Mental Health Complex,
   Medavakkam Tank Road, Kilpauk, Chennai – 10; and
   (iv) The Director, Institute of Mental Health, Medavakkam, Kilpauk, Chennai – 10.
   Accordingly, the aforesaid four authorities are suo motu impleaded as party respondents i.e.,
   respondents 10 to 13 in this Habeas Corpus Petition.
9. The learned counsel appearing for the 9th respondent/De-addiction Centre, is called
   upon to file his response to the interim report of the learned Amicus Curiae, as well as file a
   counter to the affidavit of the detenu. Learned counsel shall also inform this Court about
   the number of De-addiction / Rehabilitation Centres run by them in the State.
10. The Registry is directed to print the name of the learned Additional Solicitor General
    for the 10th respondent; the learned Government Pleader for the respondents 11 to 13; and also
    the name of the learned Amicus Curiae viz., Mr.C.K.Chandrasekkar, in the cause list.
11. Call the matter on 27.03.2024.
    [M.S.R., J] [S.M., J]
    22.03.2024
    Note to office:
    Issue order copy by 26.03.2024
    Upload the order forthwith
    ars/hvk
    M.S.RAMESH, J.
    and
    SUNDER MOHAN, J.
    ars/hvk
    HCP No.208 of 2024