Delhi High Court: In a case wherein a writ petition was filed by the petitioner, Toshiyas, a registered Society working towards safeguarding the rights and interests of persons with disabilities, seeking issuance of a writ in the nature of mandamus, thereby directing the respondents to take effective measure for compliance of order dated 25-10-2019 passed by the Court of Chief Commissioner for Persons with Disabilities (Divyangjan), a Single Judge Bench of Chandra Dhari Singh, J., requested Additional Solicitor General’s assistance in representing the respondents as there was delay and lack of cooperation from the respondents.
The petitioner society was represented through its secretary, who was before this Court along with other members of the Society. The Secretary claimed that the matter had been pending since 2022 and there was no cooperation from the respondent in the effective disposal of the same. The petitioners submitted that they have not been adequately represented and struggled to have their grievances addressed and redressed.
The Court stated that despite the order was passed in 2019, the respondents were not present to address the matter and assist the Court in the present matter. The Court observed that even in the order dated 2-5-2023, it was noted by the Predecessor Bench of this Court that despite passing of a significant period of six months neither were the instructions taken nor any counter affidavit or reply had been filed on behalf of the respondents. Therefore, this Court opined that the respondents had been dealing with the present matter in a casual, cavalier, and insensitive manner.
The Court expressed sadness over the sorry state of affairs, where the members of the petitioner, being the persons with disabilities, over and above everything else, being citizens of this country having an order in their favour passed by a Statutory Authority in 2019,were compelled to move pillar to post seeking implementation of their rights. The Court opined that the Government formulated several welfare schemes for the Society and the citizens of this country, but thereafter citizens were left on their own to reap and avail the benefits arising therefrom by seeking its implementation and execution, as the situation was in the instant case.
The Court opined that due to sensitivity of the case and the lack of cooperation from the respondents, it had to request Additional Solicitor General (‘ASG’) of the Delhi High Court to represent the respondents in the instant case and assist Court in effective adjudication of the matter. The Court further requested Ruchir Mishra, Senior Panel Counsel, to provide assistance to this Court and the ASG. Saurabh Kansal, who was initially representing the petitioners expressed his inability to represent and hence, the Court discharged him from the case. Further, on the request of the petitioners and in the interest of injustice, the Court requested Lavanya Kaushik to argue the instant matter on behalf of petitioners.
The case would next be listed on 10-8-2023 for further consideration.
[Toshiyas v. Union of India, W.P. (C) 15647 of 2022, Order dated 24-07-2023]
Advocates who appeared in this case :
For the Petitioners- Divyam Aggarwal, proxy for Saurabh Kansal, Advocate; Petitioners in person;
For the Respondents- Rahul Kumar Sharma, Advocate; Chetan Sharma, ASG; Ruchir Mishra, Senior Panel Counsel, Ministry of Railways.
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