Test Case To Give 'Social Audit' Chance To Gain Grounds: Madhya Pradesh HC Suggests Counsel To Visit Mercy Home & Spend One Hour With Differently Abled Children
The Madhya Pradesh High Court asked a Lawyer to visit mercy home & spend one hour time with differently abled children while considering a matter where the Counsel’s clerk had made a mistake and the defaults could not be cured.
The Gwalior Bench of the High Court emphasized that the present matter was a test case to give the concept of 'Social Audit' a chance to gain grounds.
The Miscellaneous Civil Case had been preferred by the applicant seeking restoration of Writ Appeal which got dismissed by the Principal Registrar for non-compliance of a common conditional passed in the year 2023.
The Division Bench of Justice Anand Pathak & Justice Hirdesh said, “Therefore, evolution of concept of Social Audit and its effective implementation is the need of hour. Policy makers especially Department of Women and Child Welfare Development (DWCD), Deptt. of Social Justice and Police Department must come out with some tangible solution in this regard.”
Advocate S.N.Seth appeared for the Applicant while Government Advocate A.K.Nirankari represented the Respondent/State.
It was the case of the applicant that due to the bona fide mistake of the clerk of the counsel for the applicant, the defaults could not be cured. It was claimed that the said mistake was bona fide, therefore, the Writ Appeal, deserved to be allowed.
Referring to the judgments in M.K. Prasad Vs. P. Arumugam AIR 2001 SC 2497, Dindayal Bansal Vs. Gwalior Nagar Tatha Gram Vikas Pradhikaran 2007 (5) MPHT 470, the Bench said, “The reasons assigned by learned counsel for the applicant appear to be genuine and bona fide. Looking to the nature of cause and bona fide intents as well as settled law that for the fault of the counsel, the litigant should not be made to suffer.”
The Bench thus held that the application deserved to be allowed.
The Bench noticed that a suggestion was given to counsel for the applicant to invest one hour of community service while visiting Mercy Home namely Madhav Andha Ashram, (Gwalior) with some food items/snacks of Rs.1,000 and spend one hour with the children/ inmates/ families, who are of humble background and are being taken care of by the NGO/Society sponsored by State Government.
“Graceful enough in their disposition, suggestion is readily accepted by counsel for the applicant and he undertakes that applicant and counsel not only would visit the mercy home but also would carry some food items of Rs.1,000/- with them and spend one hour time with them to understand them and to satisfy themselves while doing such a pious work”, the Bench said.
The Bench highlighted that this is a test case to give the concept of 'Social Audit' a chance to gain grounds. Responsible and Resourceful persons of the Society who are occupying important positions in the Department of Administration/ Education/Health/Legal and other related fields including Professionals like Chartered Accountants/ Doctors/ Lawyers etc., to take some responsibility to visit the places (like orphanage/old age home/ mercy home/ one stop center etc.). It was opined that the Inmates who are living in such institutions would also feel that they are not left out by the society and the society is still eager to take them into its fold. The Court further emphasized that the Management of those Institutions would always be cautious that the society is keeping eyes over their working.
The Bench allowed the application for restoration and further ordered the applicant to submit a report regarding their visit to the Mercy Home within fifteen days elaborating his experience and status of mercy home with any suggestions.
Cause Title: Dinesh Batham v. The State of Madhya Pradesh and Others [Neutral Citation 2024:MPHC-GWL:21076]
Appearance:
Applicant: Advocate S.N.Seth
Respondent/State: Government Advocate A.K.Nirankari