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
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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
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