Justice Dr. SK Panigrahi called the dismissal a “complete miscarriage of justice,” criticizing the CRPF’s competent authority for ignoring the constable’s mental health issues, which led him to attempt suicide due to mental pressure.
Cuttack, Odisha: The Orissa High Court recently emphasized the immense pressure faced by armed forces personnel and security forces while granting relief to a Central Reserve Police Force (CRPF) constable who had been dismissed for attempting suicide.
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Justice Dr. SK Panigrahi called the dismissal a “complete miscarriage of justice,” criticizing the CRPF’s competent authority for ignoring the constable’s mental health issues, which led him to attempt suicide due to mental pressure.
Advocate Sudarsan Behera represented the CRPF constable, while Advocate Bijayalaxmi Tripathy represented the CRPF.
The Court noted that the CRPF’s competent authority seemed entirely unaware of the constable’s mental health condition, despite his admission that he attempted suicide due to mental pressure.
“It is a case devoid of evidence and a clear miscarriage of justice, as the Competent Authority showed no regard for the petitioner’s mental health. They treated him as if he were an ordinary offender and handled the matter strictly,”
the Court’s order on June 25 stated.
The court highlighted the demanding and high-stakes environment in which armed forces operate, often leading to significant psychological stress. This stress can be exacerbated by personal issues like financial difficulties or family problems.
“Members of the armed forces endure significant stress and strain due to the demanding nature of their duties, which frequently involve life-threatening situations, extended periods away from their families, and the heavy responsibility of national security,”
the Court remarked.
The court emphasized the importance of providing mental health support to armed forces personnel rather than punishing them. The constable in question had tried to die by suicide in 2000 while on duty and was dismissed in 2001 after disciplinary proceedings. Although a criminal case was initially filed against him, it was dropped in 2002.
The Court noted that under Section 115 of the Mental Healthcare Act,
Any person attempting suicide is presumed to be under severe stress and thus cannot be prosecuted under criminal law. The Act also imposes a duty on the appropriate Government to provide care, treatment, and rehabilitation to such individuals to mitigate the risk of future suicide attempts.
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The court noted the constable’s medical clearance from a mental health institute in Hyderabad, which certified him fit for duties that did not involve firearms. Consequently, the court ordered his reinstatement within three months to non-firearm-related tasks and directed the calculation and disbursement of his retirement benefits if applicable.
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