HC Directs Delhi Govt Secretary To Appear Over Delay In Reconstitution Of Mental Health Authority

New Delhi [India]: The Delhi High Court has directed the Secretary (Health) of the Delhi Government to appear in person over the delay in reconstitution of the State Mental Health Authority. The High Court issued this direction while hearing two petitions.

Division bench headed by Chief Justice Satish Chandra Sharma directed the Secretary to appear in person on the next date of hearing.

Expressing its displeasure the bench said, “It is unfortunate that till date the permanent State Mental Health Authority under the aforementioned statute has not been constituted. Therefore, this Court is left with no option, but to direct that the Secretary (Health), GNCTD, remain present in Court on the next date of hearing.

However, the bench has said that the personal appearance of Secretary is dispensed with in case Authority is constituted.

It is made clear that in case the permanent State Mental Health Authority is constituted as per the requirement of Sections 45 & 46 of the Mental Health Act, 2017, the personal appearance of the Secretary (Health), GNCTD, shall be dispensed with without further reference to the Court, the bench said. The matter has been listed on September 15 for further hearing.

The bench said that on 25.11.2022, this Court was informed by learned Standing counsel that the process for reconstitution of the State

Mental Health Authority as per the requirements of Sections 45 and 46 of the Mental Health Act, 2017 and the Mental Healthcare (State Mental Health Authority) Rules, 2018 is underway and shall be finalised soon.

This Court, based on upon the statement made by the learned Standing Counsel, granted time to the State Legal service Authority and also directed to file a status report, the bench said in the order of August 2.

It is needless to mention that the State Government shall also comply with all the other statutory provisions under the Mental Health Act, 2017 and the Mental Healthcare (State Mental Health Authority) Rules, 2018 including constitution of District Mental Health Authorities, the court further directed. The High court was hearing two petitions filed by advocate Amit Sahni and Shreyus Sukhija.