Take Expeditious Steps To Fill Posts Of Non Official Members Of Delhi Mental Health Authority: High Court To Delhi Govt

The Delhi High Court has directed the Delhi Government to take expeditious steps for filling up the posts of non-official members of the Delhi Mental Health Authority.

A division bench comprising of Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela directed that the Authority, as and when constituted, will take expeditious steps for constitution of the District Mental Health Review Boards in accordance with Sections 73 and 74 of the Mental Health Care Act, 2017.

“We further direct that the process of constituting the Delhi Mental Health Authority and the Review Boards shall not be impeded by imposition of Model Code of Conduct in view of ensuing elections for the Delhi State Legislative Assembly,” the Court said.

The Bench disposed of two public interest litigations seeking effective implementation of Mental Healthcare Act, 2017. The petitioners were Advocate Amit Sahni and one Shreyus Sukhija.

The Court however granted liberty to the petitioners to revive the petitions if the Delhi Mental Health Authority fails to comply with the directions within reasonable period of time.

The Court took note of the notation at the end of a notification issued by the LG stating that the non-official members of the SMHA would be selected on being appointed in due course of time as per law.

It was Sahni's case that the lack of mental health authorities is adversely affecting the treatment of mentally ill persons.

Sukhija's PIL sought reconstitution of the State Mental Health Authority and also setting up of Mental Health Review Boards as provided under the new law.

Title: AMIT SAHNI v. GOVT OF NCT DELHI AND ORS. and other connected matter

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