The five-month legal battle between actor Aamir Khan and his brother Faisal Khan ended with Faisal as a man of his own will.
Says mentally ill do not have to be dependent on the family
MUMBAI: The five-month legal battle between actor Aamir Khan and his brother Faisal Khan ended with Faisal as a man of his own will. A metropolitan magistrate court on Saturday pronounced its verdict stating that Faisal was “set free” and need not be in the custody of a family member or a nursing home.
Aamir, his mother Zeenat and sister Nikhat had sought Faisal’s custody after doctors certified that he suffered from schizo-affective psychosis and needed to be in a family member’s care. Faisal, however, had moved the court seeking to live independently, stating that he was capable of looking after himself.
Metropolitan magistrate Pankaj Shah said that this order “may not be acceptable to the public at large” but relying on facts placed before the court, Faisal had shown sufficient ability to look after himself.
Arguing on behalf of Aamir, his advocate Mihir Gheewala said that as per the reports from KEM Hospital, Faisal was required to be under medical supervision.
Aamir had earlier filed an application stating that if Faisal’s custody was not handed over to him, he should be sent to a nursing home, where he will be under medical attention.
Faisal’s advocates Usman Vanjara and SA Vasid, however, told the court that Faisal was under drug-free observation, while lodged at JJ Hospital in October, and need not be retained as an indoor patient in a nursing home. Pressing for his independence, Vanjara also submitted an affidavit giving an account of Faisal’s activities over the last one month.
Faisal, who has been living by himself in Tilak Nagar, Chembur since October, had also visited his native town of Hardoi in UP by himself, the affidavit said.
The court was of the view that Faisal had not shown any violent tendencies and had expressed his will to be independent before the court.
After the verdict was pronounced on Saturday evening, Faisal emerged with a triumphant smile. He said that he wished to get back to acting, or even directing, if he got good assignments. Over his soured relationship with his brother he said, “I’m wounded now, and wounds take time to heal. I may meet them (Aamir and his family members) in the future, but not immediately."
Gheewala said that Aamir or his family had not yet decided about taking any further legal recourse. “The report of Dr Haridas from KEM Hospital had categorically stated that Faisal needs to be under the supervision of a family member. But with this order, the mandate of the medical report will not be adhered to. It is, however, premature to say if we will appeal against this order,” Gheewala told DNA.
The court battle over Faisal’s custody began after he went missing from his Bandra home on September 29 last year. Aamir, Zeenat and sister Nikhat stood united against his father Tahir Husain for getting Faisal’s custody. Husain, however, withdrew his application seeking Faisal’s custody in December 2007.
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