The presence of policemen in halfway homes defeats the purpose of rehabilitation of people suffering from mental disorder, the Delhi High Court has observed.
The court said a non-intrusive and congenial atmosphere was required for the rehabilitation of those inmates who no longer require psychiatric treatment.
Halfway homes serve as a stop-gap place for people who have undergone treatment for mental illness before they venture into the real world.
Taking strong note of the presence of armed and unarmed guards at a halfway home here deployed by the Tihar Jail authorities, a bench of justices S Muralidhar and I S Mehta directed that the policemen be withdrawn from there.
The issue came to light when Institute of Human Behaviour and Applied Sciences (IHBAS) approached the court seeking direction to jail authorities to withdraw the guards deployed at the halfway home for a man, who was acquitted in November last year of the charge of murdering his wife and was sent there for rehabilitation.
The man was earlier undergoing treatment of bipolar disorder at IHBAS and after completion of the treatment, he was sent to the halfway home by the court for rehabilitation and provide an opportunity to his family members to interact and under his condition, before coming in contact with the outside world.
"The presence of armed guards in a halfway home will defeat the purpose of providing relief and rehabilitation to persons who no longer require to be housed in IHBAS itself," the bench said.
Trashing the submission of jail authorities that guards were deployed at the half-way home as the man had not complied with the bail conditions, the bench said it had already modified the conditions and there would be no justification for him being detained in the Tihar Jail any longer.
The bench said it was "unfortunate" that despite the court acquitting the man in November 2017, the jail authorities were still referring him as a 'convict'.
After being directed by the court to immediately withdraw armed guards deployed at the halfway home run by IHBAS, the jail authorities apprised the bench on the next date that they have replaced the armed guards with unarmed ones.
The authorities also sought clarification from the court as to whether the deployed guards for the man are also to be withdrawn and he has to be treated as released from custody.
The bench, however, said that on December 21 last year, it had modified the bail conditions of the man and directed that he be shifted to the half-way home and that order should be read as an order of his release from the Tihar Jail.
"In the circumstances, the question of Tihar Jail authorities providing guards, whether armed or unarmed to the man by treating him as a convict, does not arise. The court is also informed by counsel for IHBAS, that the half-way home has its own security guards. Consequently, it is directed that the unarmed guards of Tihar Jail inside and at the gate of the half-way home be withdrawn," the bench ordered.
The bench said that it was important for the man to "undergo rehabilitation and further treatment in a non-intrusive and congenial atmosphere".
The man, who was receiving treatment regarding his mental condition since 2010, had initially approached the high court seeking suspension of his sentence awarded by the trial court. He, however, was later acquitted by the high court.
The bench was informed by the trial court that the man's family members were not ready to stand as a surety for him, which was one of the conditions required to be furnished by him to secure his presence in the event of filing of an appeal in the superior court.
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