$~1 & 2

* IN THE HIGH COURT OF DELHI AT NEW DELHI

+ W.P.(C) 8217/2017
NIKHIL BORWANKAR ..... Petitioner
Through: Mr. Pankaj Sharma, Mr. Vikram
Singh and Mr. David Thomas,
Advocates with Petitioner in person.
Mr. Dhruv Mohan, Advocates.
Mr. Ramesh Kumar Mishra, Amicus
Curiae.

versus

STATE OF N.C.T OF DELHI AND ORS. ..... Respondents

Through: Mr. Rahul Mehra, Standing Counsel
(Crl.) with Mr. Chaitanya Gosain,
Advocate for State.
Ms Mini Pushkarna, Standing
Counsel with Ms. Swagata Bhuyan
and Ms. Shiva Pandey, Advocates for
Respondents/East DMC.
Mr. Sumer Kumar Sethi and
Ms. Dolly Sharma, Advocates for
DSLSA
Mr. Ajjay Aroraa, Advocate for
NDMC.
Mr. Ripu Daman Bhardwaj, CGSC
for Mr. T.P. Singh, Advocates for
UOI.
Mr. Mukesh Gupta and Ms. Shashi
Gupta, Advocates for EDMC..
Mr. Gurdip Singh, Advocate for
DGA.
Mr. Prashant Manchanda, Advocate
with Ms. Ravi Vats, Advocate for
Shafa Home, Sector-22 Rohini.

W. P. (C) Nos. 8217 and 2381 of 2017 Page 1 of 10

+ W.P.(CRL) 2381/2017 & CRL.M.A. 13572/2017
RAKESH KUMAR ..... Petitioner
Through: Mr. Ramesh Kumar Mishra, Amicus
Curiae.

versus

STATE OF NCT DELHI & ORS ..... Respondents

Through: Mr. Rahul Mehra, Standing Counsel
(Crl.) with Mr. Chaitanya Gosain,
Advocate for State.
Ms Mini Pushkarna, Standing
Counsel with Ms. Swagata Bhuyan
and Ms. Shiva Pandey, Advocates for
Respondents/East DMC/ South DMC.
Mr. Ajjay Aroraa, Advocate for
NDMC.
Mr. Ripu Daman Bhardwaj, CGSC
for Mr. T.P. Singh, Advocates for
UOI.
Mr. Simarpal Singh, ASC with
Mr. Rajender Yadav, Advocates for
NDMC.
Mr. Anchit Sharma, Mr. Ankur
Mishra and Mr. Dipankar Wadhwa,
Advocates for Delhi Cantonment
Board.
Mr. Mukesh Gupta and Ms. Shashi
Gupta, Advocates for EDMC.

CORAM:
JUSTICE S. MURALIDHAR
JUSTICE I.S. MEHTA

W. P. (C) Nos. 8217 and 2381 of 2017 Page 2 of 10

 ORDER
% 01.06.2018
1. Pursuant to the directions issued by this Court on 3rd May 2018, a
comprehensive report dated 30th May 2018 has been presented by the
Member Secretary, Delhi State Legal Services Authority (DSLSA) after
visits made by the teams constituted by the various District Legal Service
Authorities („DLSAs‟) to 124 de-addiction centres in terms of the lists
submitted to them by the concerned Municipal Corporations. Each team
comprised two panel lawyers and one Deputy Health Officer (DHO) of the
concerned zone.

2. The report states that of the 124 de-addiction centres inspected, 28 were
found closed. The teams interacted with a total of 2,135 inmates in the 96
centres that were still functional. Of these 2,135 patients, a total of 750 were
found to be detained involuntarily. The report contains a chart showing the
number of centres inspected and the situation prevailing in each of those
centres.

3. At the outset, the Court expresses its appreciation for the remarkable work
done by the teams constituted by the DSLSA in inspecting such a large
number of centres and being able to submit fairly comprehensive reports
within a short period of time.

4. A large number of irregularities have been noticed in the operation of

these centres. Most of them did not have adequate infrastructure, security
arrangements or staff. The report notes that sanitation and hygienic
conditions were also not good. Ventilation and toilet facilities were

W. P. (C) Nos. 8217 and 2381 of 2017 Page 3 of 10

insufficient. In some centres, medicines were also not available.

5. The report further notes that some of the centres did not maintain proper
records. What is most disturbing is that there are reports of ongoing physical
and sexual torture in many of these centres. In one of the centres inspected,
five patients were found to be illegally detained in a locked room and
subjected to physical torture. Doctors were not available in most centres and
emergency facilities were also found lacking. At some places, the quality of
food was poor and there was a general lack of basic amenities.

6. Individual reports for each of the centres inspected have also been
presented to the Court. The Court has perused some of these reports. In
regard to some of the centres the details of the amount charged for treatment
of the patients have been provided. In one such centre, patients complained
that no doctor ever visited the centre. Some said that one doctor visits the
centre fortnightly. The situation of the visits by counsellors is equally bad.
The reports also talk of patients not being discharged, despite being cured,
since the centre was insisting on a deposit of the fee for a minimum period
of three months and unless that fee was paid, the inmates would not be
allowed to leave the said centre. There appears to be no standard rate
charged. In many centres, inmates were not provided with beds and were
made to sleep on mattresses on the floor. It is also reported that they were
required to perform menial tasks in the centre failing which their food
rations were drastically reduced.

7. These reports paint a grim picture of the manner in which drug

rehabilitation is handled in the National Capital Territory of Delhi. The right

W. P. (C) Nos. 8217 and 2381 of 2017 Page 4 of 10

to basic human dignity of persons desperately in need of care and treatment
is being violated with impunity. Such ongoing violations of the fundamental
rights to life, liberty and dignity enshrined in Article 21 of the Constitution
of India are unconscionable. It is paradoxical too. On the one hand, there is a
fairly large population of persons in need of treatment for de-addiction and
on the other, we have several unauthorized and illegally run centres
exploiting the situation, charging money and subjecting such persons to
inhumane and degrading treatment. The Court cannot countenance keeping
persons incarcerated in such inhumane conditions under the pretext of
treatment for de-addiction.

8. The Court was approached with a slew of applications from centres

affected by its earlier closure orders. It was argued that they were not
provided with an opportunity of being heard. The Court had then put in
place a mechanism whereby show cause notices were to be issued to each
centre highlighting the shortcomings and illegalities and, after giving them
an opportunity to respond, appropriate orders would be passed. However, it
is more than two months now since those directions were issued and no
discernible progress appears to have been made in that regard.

9. Mr. Ajay Arora, learned counsel for the North Delhi Municipal
Corporation („North DMC‟), has brought to the attention of this Court the
dilemma faced by the DMCs. He points out that many of these centres are
operating in unauthorized colonies. Many of them do not have any health
licenses and adequate facilities for offering treatment and care. In the
absence of any regulations or standards, an order for closure of many of
these centres is inevitable. However, the DMCs are conscious of the

W. P. (C) Nos. 8217 and 2381 of 2017 Page 5 of 10

consequences of the closure of such centres if there are inadequate facilities
in Government Hospitals to cater to discharged patients in need of treatment.
He submits that it is this concern that is slowing down the process of closure
of the illegally operating de-addiction centres.

10. The Court has perused the status report presented today to the Court by
Dr. Praveen Kumar, Additional Project Director, Delhi State AIDS Control
Society („DSACS‟). This sets out the proceedings of a meeting of the Inter-
Sectoral Co-ordination Committee („ISCC‟) held under the Chairmanship of
Principal Secretary (H&FW), GNCTD on 8th May 2018 has been set out. It
was agreed by the ISCC at that meeting that “the registration/regulation of
de-addiction centres under different systems of medicines, being Mental
Health Establishments, is mandated in the Mental Healthcare Act 2017 vide
Section 65(1)”. It was noted that even if de-addiction centres are registered
under the rules formulated under the Narcotic Drugs and Psychotropic
Substances Act 1985 („NDPS Act‟), the centre shall still be required to be
registered under Section 65(1) of Mental Healthcare Act 2017 („MHA‟) and
observe the standards prescribed by the State Mental Health Authority
(„SMHA‟).

11. The ISCC decided to constitute a Core Committee to recommend

minimum standards for different types of de-addiction centres that could be
regulated under the MHA 2017. The said Core Committee comprises the
Director of IHBAS, the Director General of Health Services of the
Government of National Capital Territory of Delhi („GNCTD‟), the Joint
Director of the Department of Women and Child Development of the
GNCTD, various medical and mental health professionals and

W. P. (C) Nos. 8217 and 2381 of 2017 Page 6 of 10

representatives of at least three Non-Governmental Organisations („NGOs‟).

12. At a meeting of the Core Committee on 9 th and 10th May 2018, the draft
Minimum Standards for De-addiction Centres („Minimum Standards‟) was
prepared and was presented to the ISCC. The ISCC deliberated upon the
said draft at a meeting held on 11th May 2018. Suggestions made at the
meeting, which were agreed upon, were incorporated and the revised
Minimum Standards were further discussed at an ISCC meeting on
28th May 2018. It is stated that a meeting of the SMHA is to be convened on
5th June 2018 where the Minimum Standards will be finalized.

13. At this meeting held on 28th May 2018 the ISCC decided that it would
request three more months time from this Court for framing and notifying
the Minimum Standards. It is stated that consultations will have to be held
with NGOs and private sector organizations running de-addiction centres. It
is also proposed that the inputs of all stakeholders shall be sought and
compiled which shall aid in preparing the final draft of the Minimum
Standards. It is further stated that consultations will be held with the
Ministry of Health & Family Welfare, GNCTD.

14. The Court directs that the reports submitted by the DSLSA to this Court
as well as the status report submitted by the State be scanned forthwith and
soft copies thereof be made available by the Registry to all counsel
appearing in these matters forthwith, upon them producing either a blank
CD or a pen-drive.

15. If any of the de-addiction centres or organisations appearing before this

W. P. (C) Nos. 8217 and 2381 of 2017 Page 7 of 10

Court in the present matter wishes to make any comments or
representations, the same shall be conveyed in writing to the Secretary
SMHA/Director of IHBAS at his email id: directorihbas@vsnl.net on or
before 4 pm on 4th June 2018 so that they may be placed before the SMHA
and taken into account while finalising the Minimum Standards.

16. The Court must reiterate its alarm about the report of the DSLSA
pointing to several instances of patients being subjected to physical and
sexual torture. The Court is of the firm view that this has to be stopped
immediately. The Court accordingly directs that the copies of the reports
submitted by the DSLSA along with the status report submitted to the Court
by the ISCC be delivered via a special messenger to the Deputy
Commissioner of Police (Headquarters) („DCP‟), Mr. Rajesh Deol, not later
than 4th June 2018. The work of Mr. Deol will be supervised by the Special
Commissioner (Headquarters).

17. The Court expects the Delhi Police to act on the reports submitted by the
DSLSA and also visit the specific centres where it has been recorded that the
patients are being subjected to the above inhumane treatment. Wherever the
police finds an inmate has been held involuntarily and has been subjected to
inhuman treatment, they will arrange, in consultation with the family
members, if any, for the release of such inmate and, where any such inmate
is in need of treatment, contact the nearest Government health facility where
such treatment shall be provided on a priority basis. The Health Secretary,
GNCTD, will cooperate and issue instructions for the relocation of such
inmates who may be released from the centres to the Government health
facility for continuation of the treatment.

W. P. (C) Nos. 8217 and 2381 of 2017 Page 8 of 10

18. The Delhi Police will proceed to initiate proceedings in accordance with
the law against the centres where such inmates have been subject to
inhuman treatment. The Member Secretary, DSLSA can be contacted by the
DCP for a meeting to discuss the reports and how they should proceed in the
matter.

19. Representatives of the three DMCs at the level of Municipal Health

Officers will also be involved in the exercise so that there is a proper
coordination of their respective tasks. At all times, it would be kept in mind
that any of the patients found in need of care and treatment should be
provided the same notwithstanding that such patient may have to be
immediately released from any of the centres. The three DMCs (North,
South and East) will also collect soft copies of the reports of the DLSA and
the Status Report of the GNCTD which will provide valuable inputs in the
proceedings that they have already instituted against the various centres.

20. The parties can approach the Vacation Bench of this Court for urgent
directions.

21. To review the situation, list the matter on 12th July 2018 at 2:15 pm.

CM. APPL.24362/2018 and CM. APPL.24476/2018

22. Notice. Notice accepted by the respective counsel for the North, South
and East DMCs.

23. A copy of this order be given dasti to the parties under the signature of

W. P. (C) Nos. 8217 and 2381 of 2017 Page 9 of 10

the Court Master. Certified copies of the order also be delivered by Special
Messenger to the Health Secretary, GNCTD; The Secretary, SMHA;
Mr.Rajesh Deol, DCP (HQ); The Special Commissioner (HQ); the
Commissioner of the North, South and East DMCs and the Secretary,
DSLSA for compliance.

S. MURALIDHAR, J.

I.S. MEHTA, J.
JUNE 01, 2018
nk

W. P. (C) Nos. 8217 and 2381 of 2017 Page 10 of 10

$~1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 8217/2017
NIKHIL BORWANKAR ..... Petitioner
Through: Mr. Pankaj Sharma, Mr. Vikram
Singh and Mr. David Thomas,
Advocates with Petitioner in person.
Mr. Dhruv Mohan, Advocates.
Mr. Ramesh Kumar Mishra, Amicus
Curiae.

versus

STATE OF N.C.T OF DELHI AND ORS. ..... Respondents

Through: Mr. Rahul Mehra, Standing Counsel
(Crl.) with Mr. Chaitanya Gosain,
Advocate for State.
Ms Mini Pushkarna, Standing
Counsel with Ms. Swagata Bhuyan
and Ms. Shiva Pandey, Advocates for
Respondents/East DMC.
Mr. Sumer Kumar Sethi and
Ms. Dolly Sharma, Advocates for
DSLSA.
Mr. Ajjay Aroraa, Advocate for
NDMC.
Mr. Ripu Daman Bhardwaj, CGSC
for Mr. T.P. Singh, Advocates for
UOI.
Mr. Mukesh Gupta and Ms. Shashi
Gupta, Advocates for EDMC..
Mr. Gurdip Singh, Advocate for
DGA.
Mr. Shankar Bergia, Advocate for the
Rehabilitation Centre (Ujala
Foundation).
 Mr. Prashant Manchanda, Advocate
with Ms. Ravi Vats, Advocate for
Shafa Home, Sector-22 Rohini.
CORAM:
JUSTICE S. MURALIDHAR
JUSTICE I.S. MEHTA

ORDER
% 01.06.2018
C.M.APPL. 24408/2018 & CM APPL 24962/2018
1. Allowed, subject to all just exceptions.

C.M. APPL. 24565/2018 in W.P.(C) 8217/2017

2. The Applicant herein is a mother who states that her 26-year-old son is in
need of urgent treatment as he has a history of substance abuse and
addiction. So far, he had been receiving treatment at a de-addiction centre
known as a Door of Hope. However, in light of the orders passed in W.P.
(C) 8217 of 2017, the said centre has not been permitted to admit any new
patients.

3. A team constituted by the order dated 3rd May 2018 of this Court, which
included a representative of the Delhi State Legal Services Authority
(‘DSLSA’) and the Deputy Health Officer (‘DHO’) of the concerned
district, visited the Door of Hope de-addiction centre. In their report
submitted today it is noted that the said centre already has twenty patients of
which 5 are voluntary and the remaining 15 are involuntary patients. It is
further noted that there is no emergency facility available.

4. In the light of the said report, this Court does not intend to permit any new
patient to be admitted to the said centre till such time the said de-addiction
centre meets the proposed minimum standards.

5. The Court is informed by Mr. Rahul Mehra, learned Standing counsel for
the State that the Institute of Human Behaviour and Allied Sciences
(‘IHBAS’) at Shahdara has the capacity to offer treatment to the Applicant’s
son. The Applicant is directed to take her son to IHBAS immediately where
the Director, Dr. Nimesh Desai, will have a senior mental health
professional/medical professional attend to the Applicant’s son immediately.

6. The application is disposed of in the above terms.

7. A copy of this order be given dasti under the signature of the Court
Master.

S. MURALIDHAR, J.

I.S. MEHTA, J.
JUNE 01, 2018/nk