Calcutta High Court
Sk. Ainuddin Ahammad vs Amit Khare & Ors on 3 February, 2023
OD-2
IN THE HIGH COURT AT CALCUTTA
SPECIAL JURISDICTION (CONTEMPT)
ORIGINAL SIDE
CC/11/2021
WPO/635/2017
SK. AINUDDIN AHAMMAD
VS.
AMIT KHARE & ORS.
BEFORE :
THE HON'BLE JUSTICE ARIJIT BANERJEE
And
THE HON'BLE JUSTICE APURBA SINHA RAY
Date : 3rd February, 2023
Appearance :
Mr. Srikanta Dutta, Adv.
Ms. Rituparna Sarkar Dutta, Adv.
....for Petitioner
Mr. Shiv Chandra Prasad, Adv.
... for alleged contemners
The Court : Affidavit-in-reply filed in Court today be taken on record.
This contempt application has been taken out alleging willful violation of a
judgment and order dated May 16, 2018, whereby a public interest litigation
registered as WP 635 of 2017 was disposed of. The operative portion of the said
judgment and order reads as follows :-
"It is clear from the aforesaid averments in the said Affidavit that the
respondent authorities are conscious of the risk of using lead in the `Braille'
method of study and are actively working towards substituting lead with
other substance having no harmful effect on the users thereof. The stand of
the respondent authorities is fair and is appreciated.
We hope and trust that as stated by the authorities themselves, by
the end of June, 2018, `Braille' method will be made by some safe material
which will have no adverse effect on the health of the users thereof. In any
event, such change must be implemented by the end of September, 2018.
We further direct the State Government through its concerned department to
conduct medical tests on all the visually impaired/challenged students who
have been using `Braille' method with lead component till date. If upon such
examination, it is found that they have suffered any adverse effect, the
State Government shall take appropriate remedial measures including
medical measures for such affected students. Such exercise shall be
completed by the end of the year, 2018."
Learned Advocate for the petitioner says that a lot of things have been
stated in the affidavit-in-opposition filed on behalf of the respondents but it is
absolutely clear that the respondents are not serious about the implementation
of the judgment and order dated May 16, 2018.
We have also gone through the affidavit. It is stated in the affidavit that
various steps have been taken by the respondents between August 13, 2018 and
July 22, 2021. However, nothing effective has happened till now. We are not at
all happy with the response of the respondents as contained in the affidavit-in-
opposition.
As recorded in the order dated May 16, 2018, the respondents in the writ
petition themselves had stated, "by the end of June, 2018, `Braille' method will
be made by some safe material which will have no adverse effect on the health of
the users thereof." The Division Bench had observed that such change must be
implemented by the end of September, 2018. Four and half years have gone by.
The respondents still say that it will take some more time to implement the
change. We are not at all convinced about the seriousness on the part of the
respondents to bring about the necessary change.
As it is, the visually impaired persons face huge challenges in life. It is for
the State to protect them from being exposed to avoidable health hazard. The
State - which professes to be a welfare State - both at the Central and State
levels, are failing in their duties which they owe to the specially abled citizens.
We notice that the affidavit-in-opposition was affirmed on November 11,
2021. About a year and three months have elapsed since then. The respondents
are directed to file a report in the form of affidavit, before the next date of
hearing, detailing what further progress has been made in the matter and
specially, stating the timeframe within which the change that was directed by
the Division Bench in its order dated May 16, 2018, will be implemented.
List the matter four weeks hence (March 3, 2023).
(ARIJIT BANERJEE, J.)
(APURBA SINHA RAY, J.)
SN
