Slomita Rai vs State Of Sikkim And Ors
2022 Latest Caselaw 15 Sikkim

                                                                        COURT NO.1
                        HIGH COURT OF SIKKIM : GANGTOK
                               Record of Proceedings



                               IA No. 05/2022
                                Arising out of
                             WP (PIL) No.09/2018


SLOMITA RAI                                                   PETITIONER (S)
                                       VERSUS

STATE OF SIKKIM & ORS.                                        RESPONDENT (S)


For Petitioner          :      Petitioner-in-person.

For Respondents No.      :     Mr.   Sudesh Joshi, Addl. Advocate General.
1 to 3, 6 to 8 &               Mr.   Yadev Sharma, Govt. Advocate.
10 to 12                       Mr.   Hissey Gyaltsen, Asst. Govt. Advocate.
                               Mr.   Sujan Sunwar, Asst. Govt. Advocate.
For Respondents No.
4, 5 & 9                :      None.

Date: 24/03/2022

CORAM:
    HON'BLE MR. JUSTICE BISWANATH SOMADDER, CHIEF JUSTICE
    HON'BLE MRS. JUSTICE MEENAKSHI MADAN RAI, JUDGE
                             ...

JUDGMENT: (per the Hon'ble, the Chief Justice)

On 22nd March, 2022, the instant interlocutory application, being I.A. No.

05 of 2022, was taken up for consideration, when we passed an order inter alia

directing the concerned State respondents to instruct the learned Additional

Advocate General adequately and properly so that on the next date we are

apprised of the steps taken by the concerned State respondents pursuant to the

judgment and order dated 6th March, 2019, passed in WP (PIL) No. 09 of 2018

( Slomita Rai Vs State of Sikkim and Ors. ).

Today, when the matter is taken up for consideration, we notice that a

status report has been filed on behalf of the State respondents wherefrom it

appears that the State Government has taken some steps pursuant to the

judgment and order dated 6th March, 2019, passed in WP (PIL) No. 09 of 2018.

Although provisions of sections 32 and 34 of the Rights of Persons with

Disabilities Act, 2016, have been stated to be complied with, there is still a lot of

COURT NO.1 HIGH COURT OF SIKKIM : GANGTOK Record of Proceedings

work that is required to be done in order to give proper effect to the judgment

and order dated 6th March, 2019, passed in WP (PIL) No. 09 of 2018.

In such circumstances, we request the learned Additional Advocate

General to take up the matter with the concerned officers of the State

respondents in order to ensure that all the directions as contained in the order

dated 6th March, 2019, are effectively complied with, as expeditiously as

possible, so that rights of persons with disabilities are not compromised in any

manner upon taking into account the objects and reasons for bringing into force,

the said Act of 2016.

With the above observations/directions, I.A. No. 05 of 2022 stands

disposed of.

                 (Meenakshi Madan Rai)                      (Biswanath Somadder)
                        Judge                                    Chief Justice
jk/ds/ami