SAARTHAK REGISTERED SOCIETY Vs. UNION OF INDIA

JUDGEMENT

(1.) We have heard learned Additional Solicitor General Mr. Altaf Ahmed and counsel for the parties.

(2.) In continuation of our order dated 5th February, 2002 and considering various provisions of the Mental Health Act, 1987, particularly S. 5 which inter alia provides that Central Government may in any part of India or State Government may within the limits of its jurisdiction establish or maintain psychiatric hospital or psychiatric nursing homes for the admission, treatment and care of mentally ill persons at such places as it thinks fit, it is directed as under :

(3.) The report of Need Assessment Survey and affidavit as set out in directions (1) and (2) above shall be submitted to the Health Secretary, Union of India so as to reach him latest by 1st July, 2002. The Health Secretary, Union of India shall thereafter compile and collate the information as above and present the same in the form of a self-explanatory note/chart to this Court along with his conclusions. The affidavits filed by the States/UTs shall be annexed to the note/chart. The Health Secretary, Union of India shall file the said note/chart in this Court by 15th July, 2002. It is further directed that the Chief Secretaries of all States and Commissioners of all UTs who fail to file such affidavit with the Health Secretary, Union of India by 1st July, 2002 shall have to personally remain present on the next date of hearing and explain the default.