Term 'Idiot' includes mentally retarded persons too, HC told

He is to look after the mentally ill person R Balaji and his properties.During the course of final arguments on the petition, Raghuramans counsel told the judge that as per Clause 17 of the Letters Patent, the definition of idiot as found in Blacks Law Dictionary, included persons who are afflicted with profound mental retardation, as in the case on hand where the petitioner is suffering from 60 per cent mental retardation.A single judge in 2013 had held that petitions seeking guardianship were not maintainable.

The term `'idiot' includes mentally retarded persons too, the Madras High Court was told recently.

Justice Abdul Quddhose has accepted the definition. The judge appointed C Raghuraman as the guardian of a mentally retarded person under Clause XVII of the Letters Patent of 1865. He is to look after the mentally ill person R Balaji and his properties.

During the course of final arguments on the petition, Raghuraman's counsel told the judge that as per Clause 17 of the Letters Patent, the definition of 'idiot' as found in Black's Law Dictionary, included persons who are afflicted with profound mental retardation, as in the case on hand where the petitioner is suffering from 60 per cent mental retardation.

A single judge in 2013 had held that petitions seeking guardianship were not maintainable. In that case, the judge had directed the petitioner to approach the statutory authority concerned under Section 14 of the National Trust for Welfare of Persons With Autism, Cerebral Palsy, Mental Retardation and Multiple Disabilities Act, 1999.

Since then, the Registry attached to the High Court was refusing to entertain any such petitions. The judge said he was granting the permission, after giving due consideration to the pleadings and the evidence available on record (death certificates of the parents and medical certificate) as well as after hearing the submissions of the counsel for the petitioner. The judge, of course, imposed certain conditions.

The guardian so appointed by this Court shall disclose the particulars of the properties both movable and immovable owned by the deceased parents of Balaji, before the Registry within four weeks. He shall file a statement before the Registry every six months, disclosing the bank balances of Balaji with various banks/financial institutions. He shall render true accounts of the funds belonging to Balaji and file a report before the Registry every six months. If it is brought to the notice of any Court/any statutory authority about misuse of funds belonging to Balaji, the said Court/authority is empowered to cancel the guardianship after holding a proper enquiry. The transactions in respect of the property of the mentally retarded person by the guardian shall be strictly in accordance with the relevant provisions of law. If the guardian is found to be abusing the power or neglects or acts contrary to the best interest of Balaji, any relative or next friend may apply to the appropriate Court for removal of such guardian, the judge said.

(This story has not been edited by Devdiscourse staff and is auto-generated from a syndicated feed.)