Mumbai: The Bombay High Court on Friday rapped the State governent for failing to make the state advisory board, constituted to frame policies under the Rights of Persons with Disabilities Act, 2016, functional despite its orders.
The court was informed that the senior officers of the state government, who are supposed to hold a meeting to finalise the names of non-official members of the committee, have been unable to decide. The names were shortlisted last September, and the HC has directed on July 11 to finalise the names to make the advisory board functional.
“You intend to make this court (HC) dysfunctional? You think we don’t know how to get our orders complied with? Now tell us what to do?” a bench of Chief Justice DK Upadhyaya and Justice Amit Borkar asked.
Government pleader Abhay Patki informed the bench that the officers met on August 13, one day before the matter was to come up for hearing. However, the names were not finalised and they sought some more time from the court. “We have tried our best. Despite that, we received this communication on Wednesday. We have conveyed the court order to the officers concerned and higher officers too. But instructions are that they will need more time,” Patki said.
Irked, the bench clarified that this (constitution of the advisory board) was not only the court order but also the mandate of the legislature. When Patki emphasised that it was also the court order, the CJ quipped: “That (order) you keep flouting.” Patki then urged the court to grant one last chance. “Least was expected. An affidavit was to be filed with steps taken,” Justice Borkar said.
The bench then asked the Advocate General of the State Birendra Saraf to appear, saying: “Do not create a situation where something will be very displeasing.” The bench asked Saraf to look into the issue and state within what period the board will be constructed. The HC has kept the matter for hearing on August 20.
BMC counsel Anil Singh and MMRDA advocate Akshay Shinde submitted affidavits stating that bollards on footpaths in their respective jurisdictions were removed / rectified.
The bench noted that this should have been the work of the advisory board, which it has to do due to absence of an advisory board. “ If the board is set up, we can delegate all these matters to the board. We are not pleased in discharging such functions,” the CJ said.
The HC had taken a suo motu (on its own) cognisance of the issue after it received an email from wheelchair-bound Karan Shah, 25, highlighting the inaccessibility of footpaths, by people similarly placed as him, due to closely placed bollards.
