REENA BANERJEE Vs. GOVT. OF NCT OF DELHI

JUDGEMENT

(1.) SUO motu notice of the incidents that occurred in Asha Kiran was taken and W.P.(C) 5612/2012 was registered as Public Interest Litigation. Though the issue in the said petition was redressed, the petitioners moved application for intervention stating in detail the pathetic conditions, which prevailed in Asha Kiran. While disposing of Writ Petition (C) No.5612/2011 on 09.11.2011, application for intervention was directed to be registered as a fresh petition and posted for hearing. This is how the instant petition as PIL highlighting dismal state of affairs prevailing in Asha Kiran is brought to the limelight.

(2.) ASHA Kiran is the lone Delhi Government run home for differently abled men, women and children. It comprises of six institutions within a complex of four buildings for mentally retarded children and adults. The petitioners have highlighted the incidents of custodial deaths in Asha Kiran and averred that it is so because of various reasons that include lack of adequate medical treatment including medical services and access to Doctors, skewed ratio of staff to residents, overcrowding, poor distribution and consumption of dietary, clothing, bedding and other items and abuses of various kinds on the mentally challenged persons particularly females. It is also pointed out that on 24/25th October, 2007, NDTV Metro Station broadcasted a documentary titled "Is This Humane" through a hidden camera depicting the abhorrent conditions in the Asha Kiran Home. Media specifically revealed the following:

(3.) ON 16.5.2012, we had directed to convene a Joint Meeting of the counsel for the respondents with the aforesaid counsels to sort out the issues raised in the petition and give agreed suggestions. The Advocates were also allowed to visit Asha Kiran Home and submit their reports.