HOD, Director Of Hospital Ought To Know Nature Of Sickness And Treatment Of Patient

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Case: MEHRAZ BANO vs THE DIRECTOR, IHBAS & ANR.

Coram: CHIEF JUSTICE Dhirubhai Naranbhai Patel&JUSTICE JASMEET SINGH

Case No: LPA 160/2021

Court Observation: “As is clear from a reading of the above provision that an exception has been carved out in the Act itself so that proper care and treatment could be provided to the person with mental illness. In our view also, it ought to be kept in mind that the Head of the Department and the Director of IHBAS ought to know the nature of sickness and the treatment of the patient. This is for the welfare of the patient. It ought to be kept in mind that to ensure whether the treatment is going on in correct direction or not, it has to be monitored by the Head of the Department and the Director of the IHBAS.”

“On the contrary, such consultation may prove helpful in giving treatment of the patient. It is like in the case of lawyer’s argument; whenever, main lawyer is arguing the case, he/she is always taking assistance from the other junior lawyers associated with him/her and vice versa.”


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