The Delhi High Court has asked the Delhi Police to file a status report on a social activist's allegation of misbehaviour and pushing by a caretaker of a shelter home at the All India Institute of Medical Sciences (AIIMS). Counsel for the petitioner, social activist Rachna Malik, submitted that the petitioner's complaint to the police apropos the misbehaviour and pushing by the caretaker at AIIMS has yielded no response.
"Let the Station House Officer (SHO) concerned file a status report in a week's time," the court said. A single-judge bench of Justice Najmi Waziri, while taking note of the circumstances, said that the SHO, Safdarjung would be a necessary party. Advocate Gautam Narayan, Additional Standing Counsel for Delhi Government has been asked to assist the Court and hence he accepted notice on behalf of the SHO. The court also directed the Delhi Urban Shelter Improvement Board to ensure that appropriate measures are initiated against the persons who are alleged to have misbehaved with the petitioner and file a reply in two weeks in this regard.
The bench was hearing a petition filed by Malik seeking to initiate Contempt Proceedings against the official of Delhi Urban Shelter Improvement Board (DUSIB) official and Night Shelter for willfully and deliberately disobeying the directions given by this Court in its Order from May 27 last year, titled 'Karan Seth v Union of India and Ors'. Malik was represented by lawyers Aneesh Renganathan and Swadha Gupta.
The petitioner said despite detailed orders passed by the Division Bench of High Court on May 27, 2020 and September 7, 2020 there has been a series of breaches of the said directions. In particular, she has not been permitted to visit the night shelter at AIIMS. The counsel for the petitioner submitted that the petitioner was pushed by a caretaker at the night shelter at AIIMS and her endeavour to bring it to the notice to the senior authorities has not been successful.
She also complained about mismanagement and illegal activities being carried out in the night shelter at AIIMS, in addition to non-provision of facilities. The court said in the circumstances, AIIMS would be a necessary party and is impleaded as one of the respondents. Counsel for AIIMS stated that the table, chair and almirah were bought by the petitioner herself.
"While she may do it herself, let AIIMS provide the said facilities to her in right earnest by 5 pm on February 12. Additionally, the area for her interaction with the users of the night shelter shall be kept clean and SOPs apropos the pandemic shall be observed by AIIMS. Since the petitioner is assisting the most vulnerable sections of society - those who use the night shelter at AIIMS - it is expected that the authorities would facilitate her endeavour to assist the needy persons," the Court said.
The petitioner desired to visit other nights shelters, including the one maintained by the DUSIB at Sarai Kale Khan. The court directed the DUSIB to ensure that there is no obstruction in her visits to the said place, as she has been working as a committed social worker for a significant period of time and her work has been noted in the orders of the Division Bench. The Court listed the matter for further hearing on February 25.
