Hatim Sayed Rustam v. State Of Maharashtra And ORS

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION WRIT PETITION NO. 5635 OF 2025 Hatim Sayed Rustam ..

Petitioner

Versus

The State of Maharashtra and Ors ..

Respondents ...

Mr. Rajesh Khobgragade a/w Ms. Gayatri Nayak for the petitioner. Mr. Anand Pande for respondent no.4.

Mr. T.G.Khan, APP for the respondent - State. CORAM: BHARATI DANGRE & SHYAM CHANDAK, JJ.

DATED : 26th NOVEMBER, 2025 P.C:- 1.

In furtherance of our order dated 12/11/2025, the petitioner visited his son, who is admitted in 'Asha Ki Kiran Foundation', Village Waje, Taluka Panvel, for treatment.

Though the counsel for the petitioner makes a grievance that his son is healthy and hearty, we dispute the said statement in light of the certificate issued by the Head of the Rehabilitation Centre, 'Asha Ki Kiran', dated 11/11/2025, certifying that Mr. Huzefa Hatim Sayyed is admitted in the Centre from 5/10/2025 for treatment of drug de-addiction, as he is in the habit of consuming drugs and he is in a stage of denial. It is further certified that he has a self-destructive personality and he can harm himself and others, and it is necessary to keep him in a controlled environment for sometime so that there is an improvement in his behaviour and growth.

Ashish

2/2 7 WP 5635-25.doc Though the certificate states that he shall have to be in the Rehabilitation Centre for a period between 9 to 12 months, we are quite conscious that the Rehabilitation Centre is in the process of evaluating the performance of a patient admitted depending upon his mental and physical stage as the Rehabilitation Centre definitely involves mental wellness of a patient also.

2.

We are not inclined to accept the submission advanced on behalf of the petitioner that his son be referred to some other Centre or that his condition be evaluated by independent agency, as we find no reason to disbelieve the certificate issued by 'Asha Ki Kiran Foundation'. We must only remind the petitioner, who is the father of Huzefa, that if he is in a state of denial, let his father not adopt the same course of action and it is better that he accepts that his son needs treatment in a Rehabilitation Centre, and he shall assist him in his well being and coming out of the Centre as a healthy and hearty young man. However, we find the anxiety of the petitioner to be justiciable, as he seeks meeting with his son, which we permit as per the Rules of the Rehabilitation Centre.

In view of the above, petition stands disposed of. (SHYAM C. CHANDAK,J) (BHARATI DANGRE, J.) Ashish