Kerala High Court flays Indian Navy in fake mental illness case
The court asked the High Court registry to forward a copy of the judgment to the Admiral of Indian Navy
Kochi: Kerala High Court on Saturday asked Indian Navy not to repeat any untoward incidents like the fake mental ailment charges foisted on sailor Sunil Kumar Sahu in the force.
The court asked the Navy to ensure that no incidents, which would adversely affect its reputation and integrity, were repeated.
A division bench comprising Justice V.K. Mohanan and Justice K. Harilal observed, “it is for the naval authorities to see that any incidents like Sunil Kumar Sahu’s case by its officials shall not affect the morality, credibility and discipline of Indian Navy so as to drive out our youth from serving the nation through our defence establishments.
It is needless to say, no person under our defence service shall be subjected to treatment alleging mental disorder under the guise of indiscipline or insubordination, without proper care and caution,” the bench observed.
If the court had not timely interfered after Sahu’s wife moved the court, he would have been kept in the custody of the naval officials under the guise of mental disorder, and that would have amounted to illegal confinement, the court observed
The court also hoped that strict guidelines would be formulated by the higher authorities of Navy in the light of the unfortunate incident. The court asked the High Court registry to forward a copy of the judgment to the Admiral of Indian Navy.
Sunil Kumar Sahu, a native of UP and a shipwright artificer attached to INS Kattabomman at Tirunelveli, under the Eastern Naval Command, was sent to its hospital at INS Sanjeevani, Kochi, for an alleged mental disorder. NIMHANS, however, ruled out any kind of mental illness.
“In view of the opinion expressed by the doctors of NIMHANS in the report, Sahu is suffering from Idiopathic Generalised Epilepsy (IGE) Syndrome, it is for the Navy to decide whether he can report for duty on the expiry of his 21 days’ casual leave and whether he is fit enough to engage in the service/work which he was doing prior to the entire episode.
It should also consider whether Sahu would be entrusted with ministerial work in any of the office of Navy in accordance with their regulation and pattern of service.