Kanoon Ki Dastak
The High Court of Jammu & Kashmir and Ladakh has set aside the order of the Principal Sessions Judge, Jammu, which had dismissed a plea by murder accused Johar Mehmood seeking a mental health inquiry under Section 329 CrPC. The court directed the trial court to reconsider the application once the trial formally begins.
Mehmood, lodged in District Jail Amphalla, is facing trial under Section 302 IPC. His counsel argued that he has been undergoing psychiatric treatment since 2012 and is unfit to defend himself. The trial court had dismissed the plea, citing its premature nature.
Justice Sanjay Dhar clarified that Section 329 CrPC applies only after charges are framed. While refraining from commenting on the merits of Mehmood’s mental health claims, the High Court emphasized that the issue should be assessed afresh once the trial commences.
