Could convict with mental illness have been put on trial? Delhi High Court to examine

The Delhi High Court on Monday decided to examine whether or not a mentally ill convict currently serving his punishment in jail was fit to have undergone a criminal trial [Pradeep Kumar v. State of NCT of Delhi]..Justice Mukta Gupta also called for the convict's mental health assessment by a team of doctors from a hospital in the national capital. The Court noted that the man had undergone almost half of his five-year jail term awarded by the trial court.“This issue ought to have been considered by trial court whether he was fit to stand trial or not,” Justice Gupta orally remarked..“Perusal of trial court record reveals no assessment was done by the court where the trial was conducted as to whether appellant understood what he was doing and also to defend himself…” the Court stated..Counsel for the convict submitted that his client's mental health situation came to the fore only when another inmate noticed that he was talking to himself, and after he was later diagnosed with a type of schizophrenia. Another aspect highlighted by the counsel was a portion of the complainant/victim’s statement where she used a term indicating he was mentally ill..The High Court had on the last hearing admitted the man’s appeal seeking suspension of his sentence. It had noted that his medical report stated that he exhibited “abnormal behaviour like disorganisation, poor self care, aggression, irrelevant talking” as reported by his fellow inmates..On Monday, the Court underscored that he might not have understood the consequences of his actions - whether the mens rea (intention) was there or not. Further, it also had to be assessed whether he was in a position to defend himself after being diagnosed with a type of schizophrenia, the Court noted..“In view of the fact as before proceeding with the appeal, it is necessary to get the assessment of appellant done, superintendent of Tihar jail is directed to get him assessed from a board of doctors at IHBAS (Institute of Human Behaviour and Allied Sciences)...Report of his relevant diagnosis and relevant papers will be submitted before the next date of hearing…The board will also assess the medial status of appellant without any medication or medication he was taking at the time of incident,” clarified the Court.The matter will come up on January 11, 2022.