18 November,2021 07:20 AM IST | Mumbai | Diwakar Sharma
Marietta after recording her statement at Khar police station on Wednesday
The role of the Thane Mental Hospital has come under the scanner of the Mumbai police after cops began probing into the alleged grabbing of a multi-crore property at Chuim Village, Khar, following a series of reports by mid-day. The kin of complainant Marietta Fernandez wondered how she was handed over to a person with a criminal past after her discharge from the mental hospital.
The Khar police on Tuesday recorded the statement of Marietta, 54, who has accused Clarence Pereira, alias Peter, and his family members of usurping her multi-crore property by fraud. mid-day had highlighted her plight on the cover on November 15.
Crime PI Sandip Patil of Khar police station said they will register an FIR soon. The cops have begun an investigation into the role of the Thane hospital where Fernandez was admitted on November 27, 2020 and was taken out by accused Peter on April 29 this year.
"We have approached the Bandra court to seek the details of the entire episode involving Fernandez [Marietta] right from her admission at the mental hospital to till date as it is being alleged that her ancestral property has been grabbed," said an officer at Khar police station.
"We are investigating if Marietta is the victim of a conspiracy that was hatched to get her discharged from the hospital. If it was chicanery, who all conspired?" said the officer.
Despite being told to report to the cops, Peter was yet to show up, said the officer. Peter's daughter Rachael, alias Preeti, said the Thane hospital's medical superintendent Dr Sanjay Bodade is a good friend of her father.
mid-day has learnt that Peter met Bodade on the hospital premises on many occasions when Marietta was admitted there. "Yes, Peter had visited here on two, three occasions but I never knew him before. He told me that he is Marietta's uncle," said Dr Bodade.
mid-day's âThe old and the vulnerable' series that kicked off with Marietta's story prompted her relatives to contact this newspaper from abroad, including her brother.
"I have learnt that he [Peter] is an accused in many serious offences including rape, gang rape, murder and fraud. How can the Thane Mental Hospital allow a woman patient to go out with a stranger with a criminal background? Was it not the responsibility of the hospital to conduct a background check?" a wondered close relative of Marietta.
On Wednesday, mid-day met Dr Bodade. "We have followed what is described in the New Mental Healthcare Act. The patient is an adult. When he (Peter) came here, he told us that he is her uncle. Even Marietta was willing to go with him at the time of discharge. We cannot object to it," he said.
However, when Dr Gauri Rathod, deputy director (health), Thane Circle, had a different take on Marietta's discharge. "His (Peter's) background records must have been checked as the patient is a woman who underwent treatment at Thane Mental Hospital," she said.
"We are morally responsible while discharging a patient who is an adult so that s/he goes into the safest hand. If there is no relative of the patient then we send them to the beggars' home or shelter home. More than 1,000 patients are admitted to Thane Mental hospital. We have three medical social workers in the hospitals who have been given responsibility to check where the patient will go after they get discharged from the hospital," said Dr Rathod.
"It is their [social workers'] duty to check if the patient is going to the safest place. The source of income of the patient and many more things they have to check. If the patient is an adult and he/she is ready to go with anyone then we don't have any rights to stop them. There is a big loophole in the Mental Healthcare Act." He said this "loophole" is being exploited by fraudsters. "I would discuss it at the ministry level to change it so that at the time of discharge, only blood relatives can take the adult patient along with them."
One of Marietta's relatives said the Chuim property is their ancestral asset. "A few years ago, Marietta wanted the property to be transferred in the names of hers, her mother Yvonne, sister Malachy and brother Andrew. But the procedure was lengthy. I assume that at the time of trying to get the property transferred, Peter came into frame on the pretext of helping them," said the relative.
The relative further added, "Peter claims that he has purchased the property from Yvonne in 2013 for R4.50 crore. I have records to prove that the electricity as well as water bills were paid till this year online from my bank account. If he [Peter] purchased the bungalow, why would I pay the bills?" the relative said. The relative also raised questions over the conduct of the Khar police. "Why did the cops hand over the keys of the 424.7-sq metre bungalow to him [Peter]?"
"Couple of years ago, I received a call from an unknown number and the caller identified herself as Nancy who told me to shift my ailing mother to an old age home as, according to her, my sister was not taking proper care of our mother. When I asked her why she was showing interest in my family matter, she told me that she was a well-wisher," said Andrew, brother of Marietta, from Dubai.
"When I told her not to intervene in my family matter, she [Nancy] told me that she would make my life hell if I failed to shift my mother to an old age home. I blocked her number and stopped responding to all unknown Indian numbers," Andrew said.
"It is our ancestral property at Chuim village and Peter or Clarence Pereira cannot buy it sans the signatures of all the legal custodians including me and my sisters. This seems that we have been defrauded by Clarence who has been using his local influence to make forged documents to stake claims in our ancestral property where I will live after I am done with my job at foreign land," he added.
He too questioned the discharge by the Thane hospital. "On what ground, Marietta was discharged? What documents of Clarence were checked?"
He added, "Last year one inspector Kolthe called me from Khar police station when the body of my mother was recovered from my bungalow.
He wanted me to visit Mumbai but I could not reach there as the pandemic was at its peak and also I was scared to go to Mumbai from where the unknown person [Nancy] had threatened me. I could not contact my sister when she was admitted to the Thane hospital as I did not have any contact number. I extend my full support to my sister in this fight... she is not alone."
29
Day in April that Marietta was discharged from Thane Mental Hospital
mid-day: How was Marietta discharged from the hospital and who approached the hospital for her discharge?
Dr Bodade: Clarence Pereira approached us and he claimed that he is co-relative and he is her uncle and he came here when she was getting discharged
mid-day: Was any verification of Clarence done by the hospital?
Dr Bodade: Khar police verified Clarence's credentials. After police verification, we discharged Marietta from the hospital
mid-day: But Clarence is not his relative or uncle. Cops say he is accused in rape, gang rape and cheating cases. How did you allow him to take Marietta without verifying his details?
Dr Bodade: It's the police's role to check his background. Our role is to discharge her and check her mental health. Marietta is an adult and she can take her decision as per the new Mental Healthcare Act. Marietta decided Clarence as nominee and we discharged her. India adopted this new law from England and many Indian doctors and psychiatrists are frustrated and facing difficulties.
mid-day: The daughter of Clarence told us that her father is your good friend. Is it true?
Dr Bodade: We both are natives of Goa, so we talk in our regional Konkani language. This doesn't mean that we are friends. He is not my friend and I have not supported him in his nefarious plan, if any.
When asked that he had earlier said the Khar police had done the verification of Peter's credentials, which was denied by them, Bodade again changed his response. "The police sent us a letter that no relatives are in India of Marietta and suddenly Clarence visited the hospital for her custody and we allowed him. We didn't take any letter from Clarence to release Marietta from the hospital as we have our doctors and they counselled Marietta and they found she is mentally fit and fine and we released her."
When asked about the claims of Marietta's relatives that she was handed over to a man with a criminal past, Bodade said, "Marietta relatives never came to hospital and never they called us while she was in hospital and taking treatment. How suddenly I will give them answers. Clarence visited the hospital thrice earlier to meet Marietta. We released Marietta after she told us that she wanted to go with Clarence."
This is not the first time the Thane Mental Hospital's role has been questioned. In 2005, a report had exposed corrupt practices at the asylum. A sting operation had shown that then medical superintendent Dr AR Nakalgaonkar would take R5,000 to certify a normal person mentally unfit. The report had prompted a high-level inquiry by the government leading to Nakalgaonkar's suspension. Also, the 200 patients admitted by Dr Nakalgaonkar were put through scrutiny.
