Telangana High Court directs State to establish rehab centres for mentally ill persons

Hyderabad: The Telangana High Court’s division bench, comprising Chief Justice Ujjal Bhuyan and Justice N Tukaramji on Tuesday, while adjudicating the PIL filed by the Integrated New Life Society for Education and Development (INSED) seeking a direction to the BRS government to establish rehabilitation centres for mental ill persons and destitutes across the State, expressed deep concern over the inaction of the government in not taking steps in establishing the centres despite issuing notices on august 8,2022.

During the hearing, CJ Bhuyan observed that “persons suffering from mental ill health are not vote banks, if they were then the State would have taken steps to implement the Mental Health Care Act. 2017 No.10 of 2017, along with rules and regulations and establishing rehabilitation centres for the destitutes. (one in each district).

The bench, while hearing the case, expressed dissatisfaction over the contentions put forth by the counsel for the petitioner Padma Rao in WP (PIL) 90/2022 and was not convinced as he was not able to convince the court on the provisions of the Act, which mandates the State to establish rehab centres and adjourned the PIL to July 13. The counsel informed the court that there are thousands of mentally ill persons and destitutes in the State and the government has established only three such centres. Hearing in the case was adjourned to July 13.

HC asks State to appoint chairman & members of TS Human Rights Commission

On Tuesday the division bench fumed at the government for not appointing the chairman and members to the Telangana State Human Rights Commission, despite issuing notices to it on April18,2023 directing to appoint them.

When the PIL came up for hearing before the CJ bench, no government pleader was present to put forth its contention, which irked the CJ. He turned towards Harender Prasad, special government pleader and said “The Human Rights Commission in the State is dysfunctional as there is no chairman and members appointed to it… The HRC is a very important institution… how can that be that there is nobody appointed to the HRC. It is completely deserted… Section 22 of the Human Rights Act, 1993, mandates the State to appoint members and chairman of HRC…we are forced to summon the Chief Secretary to the court in this issue… it is not the case of the Telangana that there are no human rights violations”.

After hearing the observations of the CJ Prasad responded to the observations and informed that he will apprise the court about the endeavour of the State in appointing the HRC chairman and members and sought a day’s time in the issue. The CJ recorded his contention that he would apprise the court on steps taken by the government in appointing the HRC chairman and members.

Prior to Tuesday’s adjudication of the PIL, the court had issued notices to the Chief Secretary on April 18, 2023 and made it clear that the pendency of the PIL would not be a bar for the government in making the appointments to HRC Hearing in the case was adjourned to July 21.

HC grants one month interim bail to ex-Maoist PVB Ganesh

On Tuesday the division bench comprising Justices Kunuru Lakshman and P Sree Sudha granted one month interim bail to ex-Maoist P Venkata Bala Ganesh (convict no.9889) who was sentenced to life for gunning own the then Ongole MP Magunta Subbarami Reddy in 1995.

Ganesh who is in Cherlapally jail, is on parole for 30 days, which is going to end on July 5. On behalf of Ganesh, senior counsel B Nalin Kumar argued that citing his good conduct in jail for several years, he may be granted bail. Government Pleader (Home)Samala Ravinder informed the court that he has no objection in granting interim bail to

the accused, since he is a reformed convict. He submit that the government has alreadyrecommended for the release of the accused; it has addressed letters tothe Central government forconsideration as part of consultation.

The petition was filed by Joshi Madhavi, wife of Ganesh, seeking interim bail on financial grounds. The court granted interim bail to Ganesh for a month July 5. It directed him to furnish a personal bond forRs.10,000 with two sureties for a like sum each to the satisfaction of the respondent, superintendent, Central Prison, Cherlapally.The accused shall have to surrender before the Superintendent of jail on August 4 before 5 pm without fail.

HC directs Hyd’bad collector & SPL. DY. COLLECTOR, GHMC to appear in contempt case if orders are not implemented

On Tuesday the division bench comprising CJ Bhuyan and Justice Surepally Nanda, directed the district collector, Hyderabad, Special Deputy Collector, Land Acquisition (GHMC) and Commissioner, GHMC to appear before it on 3 August if they don’t comply with the orders of the court. It warned the officials that non-bailable warrants will be issued against them, if the orders are not implemented scrupulously by the next date of hearing. The bench was adjudicating a contempt case filed by Mahesh Mohan Lal and five others, aggrieved by the inaction of officials for not implementing the orders. Though the court had directed the officials to pay compensation to them in lieu of the land, admeasuring approximately 44,359 square yards, located in Bapunagar, SR Nagar,which was acquired by the Commissioner, Municipal Corporation of Hyderabad under the Slum Improvement (Acquisition of Lands) Act.

As the petitioners were not paid compensation they filed petitions in 2004 and the court, after hearing the case, directed the district collector to take steps to pay compensation to the petitioners within two months from the date of receiving a copy of the order by specifying interest @ 4% per annum for one year from the date the land vested in government i.e., April 21, 1998. Despite the orders, the district collector challenged the single judge order by filing writ a\ Appeals in 2022, which were dismissed by the division bench.