Dr. Dhruba Jyoti Chetia v. The Union of India and 4 Ors

ORDER

22.07.2024

Heard Shri K.K. Phukan, learned counsel for the applicant, who by means of this application has prayed for the following relief. "It is therefore, most respectfully prayed that your Lordships may be pleased to admit the application, issue notice and after hearing the parties Your Lordships may be pleased to stay the operation of the impugned order (Annexure XVI to the WP(C) No. 1402/2024) and all subsequent orders/ letters / notices, and / or to specify / modify etc the order dated 13.03.2024 passed in WP(C) No. 1402/2024 and / Page No.# 3/3 or to pass such order / orders or directions etc as your Lordships may deem fit and proper." It is submitted that though there is an interim order passed in the writ petition on 13.03.2024 not to take any coercive action, the petitioner has been forced to submit certain reports without providing him the documents which he had asked for. Shri A.K. Dutta, the learned Standing Counsel for GBRIMH has however submitted that the reports are being sought for only to cause a review by the authorities and does not amount to any coercive action. This Court is of the considered opinion that the petitioner is already protected by the aforesaid order dated 13.03.2024 whereby there is a direction that no coercive action be issued against the petitioner. Directing him to submit report cannot be termed to be coercive action. In any case, before taking a final decision, the respondents either have to take a leave from this Court or some orders is required to be passed in the writ petition in absence of which no final orders can be passed. This I.A. is held to be pre-matured and without any cause of action and accordingly dismissed. JUDGE Comparing Assistant

PageoNo.#o1/3 GAHC010138422024 ooooooo ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oI.A.(Civil)/2122/2024o ooooooooooooooooooooooooooooooooooooooooooooooooooInoWP(C)/1402,o2024 DR.oDHRUBAoJYOTIoCHETIAo SONoOFoSHRIoCHITRADHARoCHETIA,oRESIDENToOFoQURTERoNO.oTYPEo VI/AI,oLOKOPRIYAoGOPINATHoBORDOLOIoREGIONALoINSTITUTEoOFo MENTALoHEALTH,oKALIBARI,oTEZPUR,oP.O.oANDoP.S.oTEZPUR,oPIN-o784001,o DISTRICT-oSONITPUR,oASSAM VERSUSo THEoUNIONoOFoINDIAoANDo4oORSo REPRESENTEDoBYoTHEoSECRETARYoTOoTHEoGOVERNMENToOFoINDIA,o MINISTRYoOFoHEALTHoANDoFAMILYoWELFARE,oNIRMANoBHAVAN,oNEWo DELHI-o110011 2:THEoCHAIRMAN oEXECUTIVEoCOUNCIL oLOKOPRIYAoGOPINATHoBORDOLOIoREGIONALoINSTITUTEoOFoMENTALo HEALTH oREPRESENTEDoBYoTHEoSECRETARY oHEALTHoANDoFAMILYoWELFARE oGOVERNMENToOFoINDIA oNIRMANoBHAVAN oNEWoDELHI-o110011 3:THEoLOKOPRIYAoGOPINATHoBORDOLOIoREGIONALoINSTITUTEoOFo MENTALoHEALTH oREPRESENTEDoBYoITSoDIRECTOR oTEZPUR oDISTRICT-oSONITPUR oASSAM oPIN-o784001 Page No.# 2/3 4:SRI S.K. DEURI DIRECTOR LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR SONITPUR ASSAM PIN- 784001 5:DR. H. DUTTA ASSOCIATE PROFESSOR (ADDICTION MEDICINE) OFFICER ON SPECIAL DUTY (OSD) -CUM- I/C DEPUTY DIRECTOR -CUM- CHIEF FINANCE AND ACCOUNTS OFFICER ETC. DIRECTOR LOKOPRIYA GOPINATH BORDOLOI REGIONAL INSTITUTE OF MENTAL HEALTH TEZPUR SONITPUR ASSAM PIN- 78400 Advocate for the Petitioner : MR K K MAHANTA (Sr. Advocate) Advocate for the Respondent : DY.S.G.I. BEFORE HONOURABLE MR. JUSTICE SANJAY KUMAR MEDHI