Accused seek directions for house owner's medical examination

Ramkrishan Upadhyay

Chandigarh, August 6

The counsels for accused Sanjeev Mahajan and Arvind Singla have filed applications before the Court of Additional Sessions Judge Jagdeep Sood for issuing a direction for medical examination of Rahul Mehta to ascertain his mental health and soundness of mind prior to his examination as a prosecution witness in the alleged property grab case of Sector 37, Chandigarh.

Two applications have been moved separately by Rajesh Sharma, counsel for Sanjeev Mahajan, and Matvinder Singh and Rabindra Pandit, counsels for Arvind Singla.

In the application, Sharma said on the previous date of hearing, the public prosecutor for the state has filed an application praying for recording the statement of Rahul Mehta in the vulnerable witness room on the ground that eye-to-eye contact of the ‘victim’ with the accused be avoided to prevent any untoward incident keeping in view his vulnerability due to medical health condition. He said the prosecution cited the detailed medical history provided by the PGI.

Sharma said it appeared that the prosecution itself was not sure about the soundness of the mind of Rahul Mehta. As per the summary of the treatment, the mental health and soundness of mind of Rahul Mehta becomes doubtful as to whether he was able to depose true and correct facts about the matter in question in his testimony before this court or not.

He said till the question of soundness of mind of Rahul Mehta remains doubtful and it was not ascertained by the court, by issuance of appropriate directions to the PGI Director to constitute a special medical board to ascertain his mental health and soundness of mind, the examination of such witness would not be held in the interest of justice.

He said the witness having an unsound and unstable mind might not be able to explain true and correct facts of the matter.

The court has adjourned the hearing for August 18.

The police had registered an FIR in the case in March last year. As per the FIR, the accused entered the house of victim Rahul Mehta forcefully and took the possession of its first floor in March 2017. The accused had allegedly taken Mehta’s signatures on papers after torturing him. He was later abandoned in Gujarat.