Alok Singh
The Delhi High Court on 12th December 2024, passed an order directing the Government of NCT Delhi (GNCTD) to complete the appointment of vacant non-official members for the State Mental Health Authority (SMHA) without delay.
The Bench of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela passed the order in Amit Sahni v. Govt of NCT Delhi And Ors. Two petitions were filed, one of which was filed by Advocate Amit Sahni, which sought the proper implementation of the Mental Health Care Act 2017, including establishing the SMHA and the District Mental Health Review Boards (Review Boards).
The petitioner submitted that GNCTD issued a notification on 27 November 2024, constituting the SMHA with seven ex-officio members as per Section 46 of the Act. The non-official members, ‘critical’ to the SMHA’s full functionality, had not yet been appointed. The Review Boards under Chapter XI can only be constituted after the SMHA is fully operational.
The court directed GNCTD to complete the appointment of non-official members for the SMHA without delay and ensure the timely constitution of Review Boards after the SMHA is fully operational.
Further, the court acknowledged potential delays due to the Model Code of Conduct for upcoming elections and directed GNCTD to ensure the process remains unaffected.
Additionally, the petitioners were granted liberty to revive their cases if the directives were not implemented within a reasonable timeframe.
Case Name: Amit Sahni v. Government of NCT Delhi & Ors. and Shreyus Sukhija v. Government of NCT Delhi & Ors.
Case Number: W.P.(C) 6952/2019, W.P.(C) 4468/2021.
Bench: Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela