Delhi High Court Directs Government To Fill Vacancies In State Mental Health Authority

This decision was made in response to two petitions, one of which was filed calling for the effective implementation of the 2017 Act.

The Division Bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela said, “We consider it apposite to dispose of the present petitions by directing the GNCTD to take expeditious steps for filling up the posts of non-official members of the Delhi Mental Health Authority with a further direction that the said Authority, as and when constituted, would take expeditious steps for constitution of the Review Boards in accordance with Sections 73 and 74 of the Act,”

Advocate Ankur appeared for the Petitioner and Advocate Tushar Sannu appeared for the respondent.

The petitioners argued that the Delhi government's delay in setting up the State Mental Health Authority and the Review Boards under the Act had impeded the enforcement of crucial provisions outlined in the legislation. The Court acknowledged that the Delhi government had informed it that a notification had been issued last month regarding the ex-officio members to be part of the Mental Health Authority. The government also stated that the appointment of non-official members would be completed in the upcoming weeks.

The Court emphasized that the upcoming Delhi Legislative Assembly elections should not hinder the implementation of these measures. The Court specifically stated that the process of constituting the Delhi Mental Health Authority and the Review Boards should not be obstructed by the imposition of the Model Code of Conduct, which is in effect due to the elections.

Furthermore, the Court granted the petitioners the option to revive the case if the Delhi government fails to complete the constitution of the authority or the review boards within a reasonable timeframe. The Court's order allows the petitioners to seek further legal recourse should the government fail to comply with these directions promptly.

Cause Title: Amit Sahni v. Govt. of NCT of Delhi & Ors.

Appearance:

Petitioners: Advocates Ankur, Parth Sharma, and Vaibhav Mishra

Respondents: Advocates Tushar Sannu, Shivraj Singh Tomar, Avnish Ahlawat, Nitesh Kumar Singh, Laavanya Kaushik, Aliza Alam, Mohnish Sehrawat, Sumer Kumar Sethi and D. Sharma.