○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ Complaints Before the Commission ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ ○ Singh was now in a stable condition and could be shifted to Jan Kalyan Trust, an old age home at Noida where appropriate arrangement had been made. However, the trust later backed out from their commitment. While the matter stood thus, for the sake of the protection of human rights of the mentally ill prisoner, and in the light of the directions by the High Court, the Commission moved a Criminal Writ Petition No. 1278/04 before the High Court of Delhi and prayed for quashing of the trial of Charanjeet Singh whose condition had deteriorated despite prolong treatment at various hospitals/ institutions. 4.183 During the course of hearing the High Court requested the Commission to suggest guidelines to ameliorate the hardships faced by accused persons of unsound mind, and to ensure that their human rights are respected. The Commission accordingly submitted draft guidelines to be followed by all officials concerned. The High Court, while observing that it had become clear that the undertrial prisoner cannot be tried as there was no chance of reversal of his deteriorating mental and physical condition and no scope of improvement in his condition, quashed the charge sheet against Shri Charanjeet Singh. 4.184 The High Court commended the role played by the Commission in taking up the case of desolate and destitute person Charanjeet Singh as well as the framing of the guidelines to be followed in such cases. It appreciated the positive response by the Government. of NCT of Delhi and directed the State Government to prepare necessary schemes for rehabilitation of released mentally ill persons, within three months and also to take steps for establishment of half way homes for such destitute people taking into account the guidelines suggested by the Commission which are reproduced below :i) Psychological or psychiatric counselling should be provided to prisoners as required in order to prevent mental illness and/or to ensure early detection. Collaborations of this purpose should be made with local psychiatric and medical institutions as well as with NGOs. ii) Central and District jails should have facilities for preliminary treatment of mental disorders. Sub-jails should take inmates with mental illness to visiting psychiatric facilities. All jails should be normally affiliated to a mental hospital. iii) Every central and district prison should have the services of a qualified psychiatrist who should be assisted by a psychologist and a psychiatric social worker. iv) Not a single mentally ill person who is not accused with committing a crime should be kept in or sent to prison. Such people should be taken for observation to the nearest psychiatric centre, or if that is not available to the Primary Health Centre. v) If an undertrial or a convict undergoing sentence becomes mentally ill while in prison, the National Human Rights Commission Annual Report - 2004-2005 AR-Chapter-1-19-10-6-06.p65 83 63 7/17/06, 6:29 PM