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Delhi's Tis Hazari Court has directed the IHBAS director to constitute a medical board to examine whether patient/inmate Sarabjeet Singh is of unsound mind and assess whether he is incapable of defending himself or not.
The court passed the direction based on an application moved by Sarabjeet Singh, who is accused in the Delhi Assembly security breach case. He was sent to judicial custody after police interrogation on April 5. It is alleged that he crashed the gate of the Delhi Assembly with his car and injured a guard on duty on April 6. Additional Sessions Judge (ASJ) Ankur Jain passed the order on July 27 after considering the application and noting that the prosecution has no objection as to the constitution of the medical board. Advocate Anshul Shukla, counsel for the accused, submitted that the present application has been moved under the Mental Health Care Act. Previous medical documents have been verified by the Investigation Officer. It was submitted that the applicant is suffering from Bipolar disorder. It was also submitted that directions may be issued for constitution of a medical board. Additional Public Prosecutor (APP) Atul Shrivastav appeared for Delhi police. He said that he has no objection. " Accordingly, Director, IHBAS is directed to constitute a medical board consisting of a specialist as required under the Mental Health Act to examine whether the patient/inmate is of unsound mind and that he is incapable of entering his defence," ASJ Ankur Jain ordered on July 27. The court has also directed to send the copy of the order be sent to the Director, IHBAS, for compliance and be given Dasti to the IO, who shall ensure that a medical board is constituted and the accused is examined. Jail Superintendent is directed to produce the inmate before the Director, IHBAS, as and when required, the court ordered. The matter has been listed on August 11 for further hearing. His bail is also pending before the court. The charge sheet has also been filed. On April 15, Tis Hazari Court remanded accused Sarabjeet Singh in judicial custody after police custody. On April 7, Counsel for accsued had advanced a defence that he is not mentally stable and he entered in Delhi assembly premises thinking it was a gurudwara. He was living in a Gurudwara in Chandigarh before coming to Delhi. He also submitted that accsued is on medication. However, the counsel could not produce proper and entire medical records of accsued. While seeking the police custody, APP Atul Shrivastav had submitted that Accused Sarabjeet Singh entered the high-security zone of Delhi Legislative Assembly after crashing the gate with his car. It was also submitted that the accused Sarabjeet tried to hit the guard posted at the gate, who escaped by jumping aside. He twice tried to run over the guard. While opposing the custody remand request, counsel for the accused had submitted before the court that his mental condition is not stable. He went to Chandigarh 15 days back without informing his wife. He stayed at a Gurudwara though his sister also lives in Chandigarh. Thereafter, he moved to Delhi when he came to know that his nephew, who studied in Delhi, has gone missing. Then reached the Delhi Assembly and entered, thinking it was a Gurudwara, the counsel had argued. APP had opposed the submissions and contended the accused is not a person of unstable mind. After reaching Delhi, he engaged two taxi drivers to accompany him. He also bought the car, and he has a valid driving licence. (ANI)
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