Mumbai: Sessions Court Quashes Proceedings Against Masina Hospital Doctor In Alleged Wrongful Confinement Case

Mumbai, May 5: The sessions court has set aside the proceedings initiated against Dr Yusuf A. Matcheswalla of Masina Hospital, on the complaint of a 64-year-old businessman, who alleged that his family members, allegedly with the help of Matcheswalla, falsely diagnosed him as suffering from bipolar mood disorder (Schizoaffective Psychosis).

Court discharges doctor from criminal proceedings

Discharging Matcheswalla from the criminal proceedings, the court said, "Being a Doctor, the applicant got the patient admitted and started diagnosis and taken tests to ascertain the disease and when the applicant found from the various tests, history and other things that the complainant is suffering a disease of Schizoaffective Psychosis and it needs treatment, he has given the treatment in the Hospital. This act cannot be come under any offence."

The Metropolitan Magistrate Court, Mazgaon, had initiated proceedings against Matcheswalla on the complaint of a 64-year-old businessman, Tusharkanti Gaganchand Das.

Background of the complaint

It was claimed that Das was taken to Masina Hospital by his family members in January 2015. Das was later found to be suffering from bipolar disorder. After providing necessary treatment to the complainant, he was discharged from Masina Hospital on March 2, 2015.

Three years later, on September 9, 2018, Das approached the magistrate court against his family members and Matcheswalla for criminal proceedings for wrongful confinement at Masina Hospital. The magistrate court had allowed his complaint and initiated proceedings.

Matcheswalla, while seeking to set aside the criminal proceedings against him, pleaded that, "he has falsely being roped in by the complainant although he was only performing his professional duties in good faith and conducting himself by means of standard code of practice that he has adopted over years of practice expanding several decades."

Arguments and court observations

The complainant, however, claimed that, "the applicant has not followed the provisions of the Mental Health Act. The applicant has not followed the mandatory provisions in respect of treating the mentally ill person. Therefore, complainant submitted that in addition with offences of the I.P.C., the applicant is liable to punish under the Mental Health Act."

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The court, however, said that the offence of wrongful confinement cannot be attracted against Matcheswalla. The court said that the conspiracy was hatched by the family members with the help of Matcheswalla, but it was the family members who had given false history and background to the doctors at Masina Hospital to misguide and misdirect the doctors.

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