Uttarakhand High Court
WPPIL/127/2022 on 5 January, 2023
IN THE HIGH COURT OF UTTARAKHAND
AT NAINITAL
HON'BLE THE CHIEF JUSTICE SRI VIPIN SANGHI
AND
HON'BLE SRI JUSTICE MANOJ KUMAR TIWARI
5TH JANUARY, 2023
WRIT PETITION (PIL) No. 127 OF 2022
Between:
Rosni Society (A Registered Society)
for Rehabilitation of Social
& Neurological Impaired). ...Petitioner
and
State of Uttarakhand & others. ...Respondents
Counsel for the petitioner. : Mr. Dushyant Mainali, learned counsel
for the petitioner.
Counsel for the respondent Nos. 1 to 3
and 5 to 9 : Mr. B.S. Parihar, learned Standing
Counsel for the State of Uttarakhand.
Counsel for the respondent Nos. 10 : Mr. Manish Lohani, learned counsel,
holding brief of Mr. Sanjay Bhatt, learned
counsel.
ORDER : (per Sri Vipin Sanghi, C.J.)
I.A. No. 6 of 2023 (Misc. Application)
This application is being moved by respondent no.
10 to seek a direction to the respondent authorities to
sanction and release sufficient funds to respondent no. 10-
Institution for payment of honorarium to special educators
and physiotherapists, as well as for procurement of
equipments of physiotherapy lab/clinic.
2. In these proceedings, we are looking into the
aspects raised in public interest by the petitioner qua the
respondent no.10-Institution. If respondent no. 10-
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Institution is entitled to claim any moneys from the
Government under any scheme or enactment, it is open to
them to pursue their claim in independent proceedings. We,
therefore, dismiss this application while making it clear that
we have not examined the merits of the claim made by
respondent no. 10 in this application.
3. Mr. Mainali, learned counsel submits that so far as
respondent no. 10-Institution is concerned, the said
Institution has complied with its obligations, some of which
have been noticed by us in our previous order. Respondent
nos. 8 & 9 have filed their affidavit, which discloses that in
respect of the missing mentally challenged child, F.I.R. No.
404 of 2022 has been registered, and the same is under
investigation, but the child has not yet been traced.
4. We direct the Investigating Officer to file periodic
reports before the concerned Magistrate, who shall monitor
the progress of investigation.
5. Mr. Mainali, learned counsel, has also drawn the
attention of the Court to the directions issued by Division
Bench of this Court in Writ Petition (PIL) No. 17 of 2018 'Dr.
Vijay Verma Vs. Union of India & others', decided on
01.06.2018. The following directions have particularly been
highlighted by Mr. Mainali to submit that the State may be
called upon to file an affidavit disclosing the status of
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implementation of those directions.
6. Accordingly, we direct the State to file an affidavit
disclosing the status of implementation of the directions as
contained in paragraph no. 52 of the said judgment, which
reads as follows:
"E. The State Government is also directed to prepare a
comprehensive Policy for rehabilitating the mentally
disturbed children and patients.
F. All the SSPs/SPs, throughout the State, are directed to
ensure that the mentally disturbed patients are not treated
by Tantriks, Quacks etc. and also to ensure that the
mentally disturbed patients are not chained/
shackled/fettered/ill-treated or kept in solitary confinement
even in the private homes and institutions.
H. The State Government is advised to set up Centre for
Human Rights, Ethics, Law and Mental Health with the
objectives, as stated in paragraph no.40 of the judgment.
K. The State Government is directed to provide mental
healthcare and treatment to all the persons with mental
illness at an affordable cost, of good quality, available in
sufficient quantity, accessible geographically and without
any discrimination.
N. The State Government is directed to ensure that every
person, with mental illness, as per Section 20, is protected
from cruel, inhuman and degrading treatment in any mental
establishment.
P. The State Government is also directed to take all
necessary measures to give due publicity to the Mental
Healthcare Act, 2017 through public media, including
television, radio, print and online media at regular
intervals."
7. The affidavit be filed within six weeks.
8. List on 14.06.2023.
___________________
VIPIN SANGHI, C. J.
______________
MANOJ KUMAR TIWARI, J.
Dt: 05.01.2023
A
